THE 


LIFE  AND   TIAES 


OF 


C.  G.  AEAAINGER 


BY 


HENRY  D.  CAPERS,  A.  A., 

AUTHOR  OF  "BELLEVUK,"  "HISTORICAL  SKETCHES  IN  NORTH  CAROLINA,"  ETC. 


man  among  a  thousand  I^awc  %  found. 

Ecclcs.  mi.,  28. 


^^^>'^-'"'^ 

RICHMOND,  VA.  : 
EVERETT  WADDEY  CO.,  PUBLISHERS. 

1893. 


r  3 


Entered,  according  to  Act  of  Congress,  in  the  year  1893,  by 

EVERETT  WADDEY  CO., 
In  the  office  of  Librarian  of  Congress,  at  Washington,  D.  C. 


Electrotyped,  printed  and  bound  by 
Everett  Waddey  Co. 


r  3uniar: — 

wfyose  er\couragenr\ei\t  ar\d  ger\erous  support  I 
\\avQ  beei\  enabled  to  corr\pile  th\is  record  of  a  lor\g  ar\d 
Useful  life;  wt\o,  as  a  strong  lir\k  ir\  tl^e  cJ\air\  tt\at  bir\ds 
tl\e  present  to  th^e  past,  preserves  r^ar^y  graces  of  cfyar- 
acter  wl^icl\  descend  to  posterity  as  a  priceless  legacy; 
ar\d  tl\roUgl-\  tyrr\,  to  tt\e  yoUt^  ar\d  th^e  rr\ar\l\ood  of  rr\y 
country,  do  I  respectfully  dedicate  tfyis  work,  ar\  Offer- 
ir\g  at  tt\e  Sl^rii\e  of  Patriotisrr\. 

HBHRY  D.  CAPERS. 


96031 


Y71  fHE  period  immediately  succeeding  the  recognition 
***'  of  the  United  States  as  a  government  in  the  family 
of  nations,  was  one  of  active  emigration  to  the  land  an 
nounced  as  the  abiding  place  of 


The  genius  of  our  institutions  of  government  had  been 
thus  represented  and  declared  among  the  people  of  Europe 
in  the  aphorism  above  quoted.  Whether  this  declaration 
was  but  the  proclaimed  theory  of  the  French  Jacobin,  or 
whether  it  was  more  of  a  fact  than  a  fancy,  I  will  not  at 
tempt  to  discuss.  Nevertheless  this  is  a  fact.  As  in  the 
early  Colonial  days,  so  at  this  time  thousands  from  one 
consideration  or  another  moving  them,  left  the  plains,  the 
hills,  and  the  mountains  of  the  Continent  and  the  King 
dom  of  Great  Britain,  to  find  new  homes  in  the  land  of 
promise  beyond  the  great  Atlantic  Ocean. 

From  among  these  emigrants  the  States  forming  the 
New  Confederation  received  some  of  their  best  citizens: 
men  and  women  who  have  left  their  impress  upon  our 
civilization  and  who,  by  their  works,  are  declared  to  the 
living  and  to  the  generations  yet  to  learn  of  their  vir 
tues  and  to  honor  their  memories. 

South  Carolina  received  to  her  generous  bosom  many 
of  these  worthy  people,  and  has  in  the  record  of  their  his 
tory  for  the  past  century,  reason  to  be  grateful  to  the 
Providence  that  made  them  her  sons  and  daughters. 


Introductory.  — 


The  history  of  the  State  cannot  be  written  without 
detailing  their  virtues  of  manhood  and  womanhood. 
Among  these,  none  have  become  more  illustrious,  none 
have  served  their  country  more  faithfully,  none  have  lejt 
a  better  record  for  the  careful  study  of  posterity  than  he, 
whose  history  I  am  endeavoring  to  preserve. 

History  is,  at  best,  but  a  well  stated  narrative  of  facts 
It  is  not  fiction,  however  much  these  facts  may  have  as 
sociated  with  them  the  circumstances  of  romance.  To 
gather  the  facts  of  a  personal  history  running  through  a 
half  century  of  active  public  life,  is  by  no  means  an  easy 
task,  even  to  one  ivho  may  have  been  the  contemporary  of 
the  person  whose  history  he  would  write  ;  but  when  one 
is  dependent  upon  the  records  of  a  public  kind,  that  have 
been  scattered  or  destroyed,  and  upon  the  kindness  of  those 
ivho  were  actors  in  the  scenes  of  so  long  a  drama,  the 
difficulties  that  embarrass  his  undertaking  become  so 
great  that  lie  is  at  times  almost  in  despair.  It  is  much 
to  be  regretted  that  our  great  men  do  not  leave  to  posterity 
at  least  an  autobiographical  sketch,  a  journal,  if  you 
please,  containing  the  leading  events  of  their  lives  ;  for 
the  saying  of  Doctor  Samuel  Johnson  is,  to  an  extent,  true, 

"!&.  man's  life  fs  best  mtritten  by  f^tmsclf." 

These  lives  are  so  active,  and  their  engagements  so 
exacting,  that  there  is  but  little  time  for  this.  Fortunately 
the  writer  has  been  enabled  to  gather  the  facts  of  this  his 
tory  from  the  most  reliable  sources.  Whenever  he  has 
only  a  tradition,  it  will  be  so  stated,  and  whenever  he 
makes  a  statement  as  a  fact,  the  reader  may  depend 
upon  this  statement  being  supported  by  the  most  undoubted 
authority. 


LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 


CHAPTER 
parentage  aijd  Qtyildtyood 


[N  the  ninth  day  of  January,  one  thousand  eight 
hundred  and  three,  was  born  in  the  town  of  Nay- 
hingen,  in  the  Dukedom  of  Wiirtemberg,  Ger 
many,  CHRISTOPHER  GUSTAVUS  MEMMINGER,  only  son  of 
Christopher  Godfrey  Memminger,  Quartermaster  of  the 
Prince-Elector's  Battalion  of  Foot  Jaegers,  or  Riflemen,  and 
Eberhardina  Elisabeth  Memminger,  whose  maiden  name 
had  been  Kohler. 

The  following  certificate  of  the  birth  and  baptism  of  the 
remarkable  man  whose  history  I  am  writing,  is  taken  from 
the  Register  of  Baptisms  and  duly  signed  by  the  Deacon  in 
charge  at  the  time  it  was  executed.  The  certificate,  in  the 
German  language,  is  as  follows: 

$  a  it  f  f  rf)  e  i|n  . 

<£en  9.  Sanuar,  1803,  rcurbe  fc,ter  efjeltdj  yieboren  unb  ben  10.  teffelben  SKonotS  gttauft: 

GfyHftopl)  ®  uftaw. 
<Dte  Gltern  finb: 

£>crr  (Sfyrtftopb,   (Sottfrteb  9J2  1  m  m  ing  er,  duavtter  9D?ctiler  bep  bem  (^urfurfttic^en  5U^ 
3io;er  SBataUton,  unb  gr.  (iber^arbtna  CSltfabet^  a  —  cjeb.  S?o  f)Iertn. 


SEaufjeugcn  warcn: 

,  vJ{at^§oenT)anbter  unb  2Bet§ger6er,  unb  beffen  G^efra 

©abtna  SJJagbalena,  ®ro|eltern,  unb  gran  ©abtna  (Saugerin,  (SoIbarbeiterS  i 
gart  (iljefrau. 

CDajj  »ovftel;enbe  Slngabe  bem  ^tefigen  Xaufbudje  conform  fty  bejeugt. 
W  a  \)  i)  i  n  g  e  n,  b.  16.  ^anuac,  1803. 

(etaneb) 

W.  1)  u  1 1  e  n  $  o  f  f  e  r, 


8  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

Wratt  station. 

On  the  9th  day  of  January,  one  thousand  eight  hundred  and  three,  was 
born  in  this  town,  and  on  the  tenth  day  of  the  same  month  was  baptized, 
Christopher  Gustavus.  His  parents  are  Herr  Christopher  Godfrey  Mem- 
minger,  Quartermaster  of  the  Prince-Elector's  Battalion  of  Foot  Jregers 
(or  Riflemen),  and  Mrs.  Eberhardina  Elisabeth  Memminger,  whose 
maiden  name  was  Kohler. 

The  sponsors  of  the  child  were  his  grandparents  —  namely,  Mr.  John 
Michael  Kohler,  a  member  of  the  Town  Council,  and  by  trade  a  tanner, 
and  his  wife,  Mrs.  Sabina  Magdalena  Kohler,  together  with  Mrs.  Sabina 
Gauger,  wife  of  Mr.  Gauger,  a  goldsmith  at  Stuttgart. 

The  foregoing  is  a  true  extract  from  and  conformable  to  the  Register 
gf  Baptisms.  In  witness  whereof  I  have  signed  these  presents  with  my 
name. 

(Signed)  M.  DUTTENIIOFEE,  Deacon. 

Nayhingen,  1ft  January,  1803. 

His  father  was  stationed  at  the  time  at  Heilbronn,  which, 
he  informs  us,  was  a  garrisoned  town  some  twenty-seven 
miles  from  the  home  where  he  had  left  his  wife,  for  the  dis 
charge  of  a  soldier's  duty.  In  anticipation  of  this  most  im 
portant  social  event  to  him,  the  gallant  officer  had  obtained 
a  furlough  and  was  at  home  with  his  precious  loves.  The 
following  letter,  written  by  him  to  his  sister,  is  so  admirable 
an  expression  of  the  father's  natural  joy,  that  I  give  it  place 
here,  the  only  and  sufficient  evidence  of  his  worth  as  a  man 
which  could  be  asked  for.  The  letter  is  in  the  German  lan 
guage  and  in  the  handwriting  of  one  who  was  evidently  a 
good  pensman  as  well  as  an  accomplished  gentleman.  While 
the  translation  may  not  convey  the  elegance  and  force  of  the 
German  language,  it  will  express,  without  being  too  liberal, 
the  congratulations  of  the  good  father,  and  plainly  indicates 
that  Godfrey  Memminger  was  a  man  of  education,  while  the 
tender  solicitude  and  respectful  address  to  his  sister  evidence 
a  refinement  of  feeling  characteristic  of  the  gentleman  every 
where.  Indeed,  it  could  hardly  have  been  otherwise,  since 
his  father  was  an  official  of  no  mean  rank  in  the  University 
of  Babenhausen 


HIS  PARENTAGE  AND  CHILDHOOD.  9 

To  MADAME  GOLDSMITH  GAUGER 

(Maiden  name  Memminger),  at  Stuttgart : 

Dear  Sister,— I  am  at  present  for  a  few  days  on  furlough  and  with  my 
dear  wife,  therefore  I  answer  your  kind  letter  received  just  before  leav 
ing  my  post. 

I  now  have  the  pleasure  to  inform  you  with  the  agreeable  news  that 
we  have  born  unto  us  on  the  9th  of  the  month,  between  the  hours  of  10 
and  11  at  night,  a  fine  healthful  son.  .  .  .  He  was  christened  in  my 
absence  by  the  name  of  Christoph  Gustav;  his  sponsors  were  father  and 
mother-in-law  and  yourself  by  proxy.  ...  I  hope  and  trust  that  you 
will  excuse  me  with  the  confidence  I  have  in  you  and  of  the  friendship 
and  sister's  love  which  you  will  bring  to  the  responsible  situation  of 
sponsor. 

To-morrow  morning  I  shall  return  to  our  garrison  in  Heilbronn  (27 
miles  from  Kayhingen).  In  my  next  furlough  I  intend  to  ask  for  four 
teen  days  and  intend  to  see  you.  .  .  . 

We  salute  you  and  your  dear  husband  affectionately  and  remain 
Your  true  brother, 

GOTFRIED. 

This  letter  is  dated  at  Nayhingen,  January  16,  1803. 
It  will  be  noticed  that  it  is  signed  with  the  christened  name 
of  the  writer;  a  custom,  I  am  informed,  that  prevails  in 
Germany  among  the  military  and  well-born.  Alas!  the  gal 
lant  officer  of  the  Prince-Elector's  battalion  was  not  destined 
to  secure  another  leave  of  absence,  but  met  the  fate  of  a 
brave  soldier.  Within  one  month  from  the  time  that  he  re 
turned  to  his  post  of  duty,  a  grave  at  Heilbronn  became  the 
resting  place  of  Christopher  Godfrey  Memminger,  and  the 
soldier  was  off  duty  forever. 

The  name  Memminger  appears  to  be  not  only  well  known 
in  the  kingdom  of  Wiirteinberg,  but  several  members  of  the 
family  have  at  different  times  reached  distinction  there  and 
elsewhere  in  the  German  Empire. 

Johann  Friedrich  Memminger,  the  grandfather  of  Chris 
topher  Gustavus,  was  at  one  time  an  officer  of  rank  in  the 
?  University  of  Babenhausen. 

Henri  Memminger,  the  son  of  Gustavus,  and  the  first 
cousin  of  our  Mr.  Memminger,  appears  to  have  achieved 


10  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

considerable  distinction  in  letters.  The  following  notice  of 
his  death  appeared  in  the  Independence  Beige,  a  newspaper 
published  at  Brussels.  I  find  it  attached  to  a  letter  from 
Mr.  Memminger's  uncle,  addressed  to  him  at  Charleston, 
and  dated  at  Verdun,  1st  of  December,  1855. 

"  M.  Henri  Memminger,  I'un  des  directeurs  du  ceUebre  6stablissement  de 
Seraing,  est  mort  a  Jemappes  le  4  fevrier  dernier.  M.  Memminger  n6  ;! 
Mayence  en  1791  habitait  la  Belgique  depuis  1853.  A  cette  epoque,  il  etait 
directeur  des  bateaux  a  vapeur  de  Mayence  a  Cologne,  les  premiers  qui 
aient  £te  etablis  sur  le  Rhin.  C'est  alors  que  M.  Cockerille  le  fit  venir  a 
Liege,  ou  il  dirigea  la  construction  des  premiers  bateaux  a  vapeur  en 
Belgique. 

"  M.^Memminger  possedait  toutes  les  langues  de  1'Europe  et  les  parlait 
avec  facilite;  il  pouvait  ainsi  diriger  toute  la  correspondance  de  Petablisse- 
inent  sans  jamais  recourir  a.  un  interprcte. 

"  Malgre  see  nombreuses  occupations,  M.  Memminger  trouvait  encore  des 
loisirs  pour  s'occuper  de  1'etude  des  beaux-arts  et  des  lettres.  Verse  dans 
la  connaissance  des  auteurs  anciens,  il  ne  se  contentait  pas  de  parler  les 
divers  langues  de  1'Europe,  il  en  possedait  la  litterature  d'une  manicre  re- 
marquable." 

M.  Henri  Memminger  etait  neveu  d'un  de  nos  concitoyens,  M.  Mem 
minger. 

I  am  informed  that  there  is  a  handsome  monument  in 
the  city  of  Brussels  to  the  memory  of  Mr.  Henri  Memmin 
ger  near  La  Gare  du  Nord. 

The  years  immediately  following  the  death  of  Godfrey 
Memminger  were  eventful  in  Europe.  Napoleon  was  waging 
his  wonderful  wars  of  conquest  and  carrying  his  victorious 
armies  through  the  German  States  to  leave  in  their  rear  the 
ruins  of  once  happy  homes  and  the  wretchedness  that  fol 
lows  the  tramp  of  contending  hosts.  Thousands,  who  could 
secure  the  means,  were  leaving  their  fatherland  and  through 
many  adversities  were  seeking  release  from  their  woes  in 
the  land  of  Washington. 

Among  these  was  John .  Michael  Kohler,  who,  with  his 
family,  emigrated  to  America,  and  reached,  first,  the  city  of 
Charleston,  then  among  the  most  prominent  seaports  of  the 


HIS  PARENTAGE  AND  CHILDHOOD.  11 

United  States.  Accompanying  Mr.  Kohler  was  his  daugh 
ter,  Eberhardina  Memminger,  and  her  only  son,  Christopher 
Gustavus.  Shortly  after  reaching  Charleston  the  gentle 
mother,  worn  with  her  long  and  exhausting  voyage,  suc 
cumbed  to  disease,  and  left  her  bright  boy,  the  sole  repre. 
sentative  of  his  name  in  America,  to  join  her  gallant  hus 
band  beyond  the  stars. 

Of  this  mother  I  am  not  informed,  except  in  a  single  sen 
tence  in  a  letter  written  to  Mr.  Memminger  in  1837,  by  an 
aunt,  the  sister  of  his  father,  who  speaks  of  her  as  a  lovely 
woman.  The  reader  will  pardon  me  here  for  expressing  a 
regret  that  I  cannot  give  more  information  as  to  the  history 
of  the  mother.  It  may  be  readily  conjectured,  however, 
that  she  possessed  a  decided  character,  transmitting  by  a 
law  of  heredity  almost  invariable  in  its  action,  her  mental 
endowments  and  moral  graces  to  her  only  son.  Great  and 
good  men  are  only  the  offspring  of  great  and  good  mothers. 
So  well  established  is  this  fact  that  I  apprehend  it  would  be 
difficult  to  find  in  the  history  of  the  human  family  a  marked 
exception  to  the  general  rule.  Natural  laws,  ever  acting  to 
produce  the  evolution  of  man,  remain  the  same  with  the 
human  family  as  they  are  recognized  to  exist  and  to  act 
among  inferior  animals.  The  mother  of  Memminger  the 
infant,  was  also  the  mother  of  Memminger  the  man  of  earn 
est  purpose,  commanding  ability,  and  a  strong  physical  con 
stitution. 

Our  higher  nature — whether  we  are  pleased  to  consider  it 
the  expression  of  intellectual  endowments  alone,  or  whether 
we  would  associate  with  it  a  "  supervising  deity,"  called  the 
soul — is  but  a  gem  held  within  a  casket,  not  alone,  but  so 
intimately  associated  and  directly  connected  with  the  casket, 
that  the  frailty  of  the  latter  is  the  imperfection,  the  injury 
and  ultimately  the  destruction  of  the  other. 

Mr.  Kohler,  the  grandfather,  does  not  appear  to  have  re 
mained  long  in  Charleston.  He  removed  to  Philadelphia, 


12  LIFE  AND  TIMES  OF  C.  G.  MEVMINGER. 

and  his  family,  with  the  exception  of  his  grandson  Mem- 
minger,  shortly  after  followed  him  there.  A  most  impor 
tant  event  in  the  history  of  Mr.  Memmino-er  occurred  at  this 

t>  O 

time — an  event  which  was  even  at  his  tender  age  of  infancy 
to  turn  the  current  of  his  life,  and  to  prove,  in  the  end,  the 
providential  means  of  securing  to  him  a  career  of  great 
honor  and  usefulness,  while  it  gave  to  Charleston  and  to 
South  Carolina  one  who  was  to  he  among  the  worthiest  of 
citizens.  When  he  was  hut  four  years  old,  the  orphan  boy 
of  Wiirtemberg  was  entered  formally  at  the  "  Orphan's 
House "  of  Charleston,  and  there  found,  with  noble  men 
and  women  to  direct  his  course,  the  initial  point  from  which 
we  may  begin  to  trace  his  remarkable  and  noble  career. 
The  entry  of  this  important  event  in  the  life  of  Mr.  Mem- 
miriger  is  distinctly  made  in  the  records  of  the  institution. 
It  is  in  these  words: 

THURSDAY,  29th  January,  1807. 

Present :  John  B.  Holmes,  Nathaniel  Russel,  Daniel  Hall,  John  Par 
ker  (Commissioners) — 

Took  into  consideration  the  application  of  Magdalena  Kohler  for  the 
admission  of  her  grandchild,  Christopher  Gustavus  Memminger,  aged 
four  years,  and  agreed  thereto. 

One  of  the  most  beneficent  institutions  among  the  many 
that  have  long  evidenced  the  spirit  of  the  citizens  of  Charles 
ton  is  the  Asylum  for  Orphans,  founded  more  than  a  century 
ago,  and  for  all  this  period  fostered  by  the  genius  of  a  noble 
people,  who  make  the  good  city  by  the  sea  a  type  of  Chris 
tian  civilization.  As  a  home  for  worthy  children  bereft  of 
parents,  and  a  place  where  the  care  and  solicitudes  of  a 
father  and  mother  arc  substituted  by  a  generous  Providence, 
there  are  but  few  the  equals  and  none  superior  to  the  Or 
phans'  Home  of  Charleston,  either  in  Europe  or  America. 
From  the  tenderest  age  of  infancy,  until  the  youth  is  pre 
pared  to  enter  upon  some  useful  and  honorable  vocation,  the 
watchful  care  of  excellent  matrons  and  the  tutorage  of  ac- 


HIS  PARENTAGE  AND  CHILDHOOD.  13 

complished  men  and  women,  supervised  by  a  Board  of  Com 
missioners  selected  from  among  the  representative  men  of 
the  city,  guide  the  tottering  steps  of  infancy,  and  furnish 
every  appliance  for  a  thorough  common  school  education. 

I  am  much  indebted  to  Miss  Agnes  K.  Irving,  the  accom 
plished  Principal  of  this  noble  institution,  for  a  beautiful 
volume  containing  the  proceedings  of  the  Centennial  cele 
bration  held  October  18,  1890.  From  its  interesting  pages 
I  extract  the  following  salutatory  address,  written  by  Thomas 
M.  Hanckle,  Esq.,  and  delivered  by  Master  J.  Elliot  Alex, 
a  little  orphan  boy  of  nine  years. 

This  address  well  expresses  the  character  of  the  institu 
tion  and  the  spirit  of  the  people  who,  for  more  than  a  cen 
tury,  have  kept  a  sacred  fire  burning  upon  its  holy  altar. 

ADDRESS. 

That  is  a  beautiful  and  touching  custom  of  happy  families  which 
celebrates  the  birthday  of  each  loved  child  of  the  household,  and  by 
smiles  and  gifts  and  gentle  words,  and  merry  sports,  loads  each  passing 
hour  with  the  beauty  and  the  fragrance  of  domestic  affection. 

On  such  a  day,  father  and  mother  unite  their  thanks,  as  they  recall 
the  hour  in  which  they  received  the  sweet,  bright  gift  of  God. 

On  that  day  the  happy  child  feels  a  dignity  in  his  little  life,  and  year 
after  year  learns  to  value  more  and  more,  the  tender  love  which  has 
followed  him  all  his  days,  and  with  anxious  yearnings,  has  watched  for 
his  growth  in  wisdom  as  he  grows  in  stature. 

Most  fitting  and  grateful  then  is  this  Centennial  celebration  of  the 
day  on  which  the  noble  city  of  Charleston,  adopted  as  her  own,  the  poor 
and  forsaken  orphans  of  the  city  and  gathered  them  for  all  time  within 
the  merciful  arms  of  her  love  and  protection. 

It  is  the  Orphan's  Birthday — the  day  of  his  adoption. 

Nearly  one  hundred  years  ago,  the  last  blow  was  struck  which  com 
pleted  the  venerable  pile  around  which  with  generous  pride,  the  warm 
affection,  and  the  benevolent  interests  of  Charleston  were  clustered  so 
long. 

Her  people,  still  staggering  under  the  shock  of  the  Revolution,  found 
time  to  conceive  the  plan  of  this  noble  charity;  and  her  citizens,  still 
impoverished  by  a  wasting  war,  found  means,  with  frugal  zeal  and  will 
ing  hands,  to  build  the  home  of  the  fatherless. 

On  that  day  more  than  one  hundred  children   orphaned,  helpless, 


14  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

destitute  and  friendless,  were  gathered  within  its  walls,  and  the  Or 
phans'  Home  began  its  career  of  mercy  and  usefulness  as  an  Institution 
of  the  city. 

On  that  day  the  event  was  honored  with  public  rejoicings,  with  mu 
tual  congratulations,  and  with  thanksgiving  to  God. 

And  to-day  we  celebrate,  not  only  the  Orphan's  Birthday,  but  the 
day-spring  of  a  wise  and  liberal  charity. 

Anniversaries  like  these  are  the  resting  places  of  memory. 

As  the  revolving  years  tell  the  age  of  the  world,  and  record  its  his 
tory,  so  do  anniversaries  like  these,  mark  the  progress  of  each  lesser  life 
and  preserve  its  memories.  Well  may  we  celebrate  this  day,  then,  with 
solemn  procession,  with  the  swelling  strains  of  music,  with  songs  of  joy, 
and  hymns  of  praise. 

On  this  bright  festival  day  of  commemoration  and  rejoicing,  kind 
and  respected  friends,  do  the  adopted  children  of  the  city  bring  you 
greeting.  They  greet  you  with  congratulations  that  health  and  pros 
perity  have  been  the  portion  of  our  city  and  our  Institution. 

They  would  rejoice  with  you,  that  each  passing  year  has  but  served 
to  make  the  foundations  of  our  "  House  "  deeper  and  stronger — to  give 
new  energy  to  its  mission  of  mercy,  and  to  lend  a  new  grace  to  the 
peaceful  annals  of  its  walls. 

They  are  glad  to  greet  those  whose  generous  aid  supports  our  Insti 
tution,  and  the  children,  and  the  children's  children  of  those  who  laid 
its  foundations. 

And  they  are  happy  to  say  that  they  bring  with  them  the  testimo 
nials  of  their  teachers  and  guardians,  that  they  have  endeavored  to 
profit  by  the  many  advantages  by  which  they  are  surrounded. 

We  greet  you,  children  of  happy  families,  who  have  come  to  unite  in 
our  festival,  with  our  youthful  sympathy.  Like  you.  we,  too,  are  endeav 
oring  to  fit  ourselves  for  the  life  that  lies  before  us,  and  we  trust  that 
we  shall  one  day  meet  you  in  the  fields  of  labor,  or  wherever  else  our 
duty  shall  call  us,  ready  to  do  our  city  and  our  State  true  and  unselfish 
service,  and  to  express  our  gratitude  by  our  acts. 

We  greet  you,  Mr.  Mayor,  and  gentlemen  of  the  Council,  with  our 
thanks  for  the  liberal  supplies  you  have  so  cheerfully  voted  for  our  sup 
port;  for  the  interest  you  have  always  manifested  in  our  welfare,  and 
for  your  presence  to-day  to  give  dignity  and  importance  to  this  occasion. 

We  greet  you,  gentlemen  of  the  Board  of  Commissioners,  with  our 
congratulations  on  your  wise  and  successful  administration  of  this  no 
ble  charity,  and  with  our  warmest  gratitude  for  the  untiring  zeal  and 
tender  care  with  which  you  have  watched  our  comfort,  our  improvement 
and  our  happiness.  To  you,  Reverend  Sirs,  who  from  Sabbath  to  Sab 
bath  break  to  us  the  "  Bread  of  Life,"  we  bring  our  heartfelt  greetings 
and  thanks. 


HIS  PARENTAGE  AND  CHILDHOOD.  15 

We  bring  our  warmest  greetings  to  you,  our  beloved  Principal,  Teach 
ers  and  Matrons,  and  to  you,  our  dear  and  kind  Physician. 

We  have  no  words  to  express  all  we  owe  to  you. 

In  your  wise  and  gentle  hands  the  cold  charity  of  the  world  has  been 
warmed  into  the  melting  tenderness  of  home  and  household.  The  God 
of  the  Fatherless  alone  can  give  you  your  wages. 

Again,  we  greet  all  that  are  present  here  to-day,  with  the  prayer  that 
this  day,  so  eagerly  anticipated  and  so  keenly  enjoyed  by  us,  may  be  to 
them,  a  day  of  mingled  peace  and  blessing  in  all  their  happy  homes. 

It  was  at  this  Home  that  the  orphan  boy  of  Nayhingen 
found  a  sweet  solace  for  the  woe  that  had  deprived  him  of  a 
father's  care  and  a  mother's  love,  and  it  was  here  that  the 
impress  of  manly  virtues  became  fixed  in  his  mind.  Here 
it  was  that  the  foundation  was  laid  upon  which  the  youth 
and  the  young  man  afterwards  erected  the  splendid  super 
structure  of  his  character.  Here  that  he  found  a  friend  in 
Mr.  Thomas  Bennett,  who  took  him,  at  the  age  of  eleven, 
into  his  own  family,  and  became  to  him  in  every  sense  a 
foster-father.  There  is  somewhat  a  parallel  in  the  child 
hood  life  of  Mr.  Memminger  and  that  of  Sir  Michael  Fara 
day,  the  great  English  scientist  and  successor  to  Sir  Hum 
phrey  Davy.  Both  of  these  eminent  men  were  the  recipients 
of  benefactions  at  an  early  age,  and  both  were  led  to  their 
benefactors  by  a  chain  of  circumstances  that  I  am  not  dis 
posed  to  consider  accidental.  "  There's  a  divinity  that 
shapes  our  ends,"  says  Shakespeare  in  Hamlet,  who  would 
thus  account  for  the  moral  forces  constantly  at  work  in  our 
humanity  and  inciting  us  to  action.  "There  is  a  fatality  in 
being,"  says  another;  and  yet  another,  greater  than  all, 
whose  teachings  Mr.  Memminger  accepted  in  his  mature 
age,  who  assures  us  that  even  the  "sparrows  "  have  the  super 
vising  care  of  a  great  Creator  who,  in  the  appointments  of 
his  Providence,  is  not  alone  the  Author,  but  who  is  the 
Director  of  all  the  issues  of  life.  It  is  immaterial  whether 
we  accept  the  explanation  of  the  one  or  the  other,  the  fact 
still  remains  as  a  fact  long  observed  that  men  often  fail  in 


16  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

life  with  the  most  promising  and  propitious  circumstances 
investing  them,  while  others,  with  none  of  these  environ 
ments,  appear  to  be  Fortune's  master  and  Fortune's  favor 
ites.  Whether  found  "  drawing  at  a  ivcll,"  or  "grinding  at  a 
mill"  the  one  is  chosen  and  the  other  is  left. 

The  reader  will  pray  indulge  me  while  I  present  another 
thought  suggested  by  the  study  of  these  remarkable  lives. 
Judicious  labor  and  earnest  zeal,  the  persistent  purpose  of  a 
determined,  positive  nature,  are  the  essential  conditions  on 
which  one  is  permitted  to  receive  the  smiles  of  Fortune. 
"The  gods  help  them  who  help  themselves,"  is  not  alone  a  trite 
maxim,  older  than  M sop's  philosophy,  but  quite  as  true  as 
it  is  old.  Those  are  most  apt  to  succeed  in  life  who  deserve 
success,  and  to  be  deserving  one  must  conform  to  the  exact 
ing  conditions  upon  which  bread  was  promised  to  our  re 
creant  parents  in  Paradise;  he  must  learn  to  labor,  to  watch 
and  wait.  Nothing  is  or  can  be  denied  to  well-directed 
labor,  and  nothing  worth  the  having  can  be  secured  without 
it.  Again,  those  men  who  have  been  the  most  useful  in 
life,  whether  in  Church  or  State,  or  in  directing  the  indus 
trial  pursuits  of  society — who  have  left  behind  them  a  his 
tory  that  only  brightens  as  the  ages  go  by — are  those  who, 
in  a  slow  and  careful  development  of  the  powers  of  the  mind 
and  a  uniform  practice  of  the  virtues  of  true  manhood,  have 
preserved  their  individuality,  while  they  have  adhered  to 
the  principles,  recognised  the  precedents  and  profited  by  the 
experiences  of  those  who  had  preceded  them  on  the  stage  of 
life.  It  is  not  the  most  brilliant  intellect  that  is  the  least 
erratic,  nor  is  it  he  who  has  a  birth-right  that  for  this  reason 
alone  must  become  the  great  man  and  the  good  citizen. 
" Honor  and  shame  from  no  conditions  rise."  It  is  a  weak 
ness  of  our  humanity  to  regard  what  we  are  pleased  to  call 
misfortunes,  and  especially  those  which  deprive  us  of  wealth 
and  the  caste  in  which  that  possession  sometimes  expresses 


HIS  PARENTAGE  AND  CHILDHOOD.  17 

its  power,  as  being  disgraceful  and  of  necessity  humiliating 
to  the  spirit  of  a  proud  man.  "While  the  possession  of 
wealth  brings  a  certain  degree  of  independence,  and  may  add 
dignity  to  the  surroundings  of  those  wrho  properly  use  it,  by 
no  means  does  it  follow  that  poverty  is  a  badge  of  disgrace. 

This  is  especially  true  with  the  young,  who,  though  incon 
venienced  and  often  made  to  suffer  through  the  improvi 
dence  or  misfortunes  of  their  parents,  are  yet  without  the 
experiences  of  turpitude,  the  essential  precursor  of  disgrace. 
It  is  only  a  very  vain  and  very  weak  person  who  would  seek 
to  hide  away  in  oblivion  or  to  obscure  with  falsehood  an 
humble  origin,  or  an  association  with  those  who  had  been 
the  recipients  of  so  noble  a  charity  as  that  of  the  Charleston 
Orphan  House. 

I  have  taken  up  my  pen  to  write  the  history  of  a  great 
man,  whose  character  and  achievements  are  not  dependent< 
upon  the  suppression  of  a  single  fact  of  his  history,  as  it 
cannot  be  added  to  by  the  mere  platitudes  of  eulogy.  Mr. 
Memminger,  not  even  when  he  had  acquired  fortune,  when 
his  fame  as  a  great  lawyer  was  well  secured,  and  his  name 
had  become  a  household  word  with  the  people  of  the  South 
ern  States — who  delight  to  honor  their  statesmen — not  only 
when  as  a  Cabinet  officer  he  sat  at  the  Council  Board  of 
President  Davis,  recognised  as  his  most  trusted  adviser,  did 
he  ever  boast  of,  or  in  any  manner  deny,  the  fact  of  his 
orphanage  or  the  benefaction  he  had  received  in  his  child 
hood.  Whenever  occasion  required  him  to  make  reference 
to  this  period  in  his  history,  it  was  never  that  he  did  so  with 
the  boasting  spirit  of  the  so-called  "  self-made"  man,  nor 
wras  it  with  the  mean  evasion  that  the  vain  person  alone 
evidences,  but  always  with  a  manly  frankness  and  a  great- 
ful  sense  of  a  kindness  bestowed,  that  could  but  exalt  him  in 
the  estimation  of  all  right-thinking  people.  In  after  years, 
when  as  an  alderman  and  a  citizen  of  wealth  and  influence 


18  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

in  Charleston,  he  was  in  position  to  do  so,  he  not  only  be 
came  a  Commissioner  to  guard  the  institution  that  had  been 
his  childhood's  home,  but  with  a  solicitude  which  could 
only  have  come  from  his  experiences,  he  would  watch  the 
education  and  minister  in  the  gentlest  manner  to  the  com 
fort  of  the  children  who  were,  as  he  had  been,  the  wards  of 
the  city.  As  his  biographer,  I  consider  that  it  would  not  be 
just  to  the  character  of  my  noble  friend,  nor  would  it  be 
more  than  a  partial  discharge  of  the  duty  I  owe  to  posterity 
should  I  omit  this  most  interesting  period  of  his  life.  A 
gentleman  of  high  character,  now  residing  in  Charleston, 
informs  me  that  he,  in  a  public  speech  of  Mr.  Memminger's 
long,  long  ago,  remembers  only  this  sentence: 

.  .  .  "Not  that  I  would  object  to  have  any  son  of  mine  sit  by  the 
side  of  the  poorest  boy  in  the  land,  for  I  have  not  forgotten  that  I  was 
once  a  poor  boy  myself." 

Leaving  the  nursery,  the  play-grounds,  the  school-room 
and  sympathies  of  the  Orphan  House  at  the  tender  age  of 
eleven  years,  young  Memminger  found  himself  a  part  of  the 
family  of  an  excellent  gentleman  whose  many  graces  of 
character  were  to  infuse  themselves  into  the  plastic  nature  of 
a  clever  boy,  while  his  ample  fortune  enabled  him  to  secure 
for  his  protege  the  best  facilities  that  the  country  offered  for 
securing  an  education.  At  the  time  that  young  Memmin- 
ger  was  adopted  into  his  family,  Mr.  Bennett  had  not  only 
reached  distinction,  but  was  recognized  in  Charleston  and 
throughout  the  State  of  South  Carolina  as  a  representative 
man  among  the  men  who  in  that  day  made  the  peculiar  vir 
tues  of  Carolina  civilization  admirable  even  in  the  courtly 
circles  of  Europe.  Around  the  fireside  or  in  the  counsels 
of  the  nursery,  at  the  dinner  table  or  in  the  drawing-room, 
there  were  no  associations  but  those  of  the  Christian  gen 
tleman,  the  devoted  patriot,  and  the  upright  citizen.  The 
refinements  of  a  cultured  family  were  there  to  inculcate  the 
virtues  of  a  true  manhood. 


HIS  PARENTAGE  AND  CHILDHOOD.  19 

From  boyhood  to  manhood  is  but  a  short  period  in  the 
evolution  of  character,  but  it  is  a  most  important  and  inter 
esting  one.  It  is  then  that  the  boy  needs  the  constant  care 
of  one  whose  disinterested  love  and  experiences  are  to  lead 
him  in  the  right  way,  and  are  to  secure  to  him  the  facilities 
for  mental  training  and  proper  physical  as  well  as  moral 
cultivation.  The  germs  or  elemental  principles  of  charac 
ter  may  have,  and  undoubtedly  do  come  through  laws  of 
heredity,  but  it  requires  patient  watchfulness  and  good  train 
ing  to  educe  possibilities  which  otherwise  may  remain  dor 
mant  or  become  perverted  to  base  ends  and  ignoble  purposes. 

At  the  home  of  Governor  Bennett,  young  Memminger 
was  made  to  feel  that  he  was  at  his  own  home,  and  without 
a  word  or  an  act  to  indicate  a  distinction,  he  was  treated  in 
every  sense  as  a  son  and  a  brother.  The  best  training  that 
tutors  could  give  was  provided  for  him,  while  on  his  young 
mind  and  aspiring  nature  a  lofty  ambition  and  determined 
purpose  was  fixed  by  one  who  took  him  gently  by  the  hand 
and  lead  his  thoughts  into  deep  channels  of  truth,  and  who 
strengthened  his  spirit  by  a  noble  example  of  manhood.  It 
was  in  such  an  elemental  school  that  destiny  had  ordained 
that  the  future  statesman  was  to  be  tutored,  and  not  in  the 
home  of  his  good  Aunt  Frederica  at  Stuttgart,  in  Germany. 
In  after  years,  when  her  nephew  was  fast  coming  into  promi 
nence  as  a  public  man,  and  was  winning  his  first  laurels  in 
his  city  and  State,  this  noble  kinswoman  sends  across  the 
Atlantic  this  message  of  love:  "  It  was  my  intention  to  raise 
you  in  my  family,  and  if  I  had  what  would  I  have  done? 
May  be  I  would  have  deterred  you  from  your  destiny  de 
creed  to  you,  as  I  believe,  by  the  Almighty  Creator." 

This  "  destiny"  was  preparing  her  "  lovely  Gustavus,"  as  she 
endearingly  addresses  him  in  her  letter,  for  a  life  of  usefulness 
and  for  a  chaplet  of  honor  in  far  away  America,  just  as  it  is 
to-day — 

"  Shaping  our  ends,  rough-hew  them  how  we  will." 


20  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

The  letter  of  his  aunt,  Madame  Frederica  Gauger  (for 
merly  Memminger),  above  referred  to,  is  a  beautiful  ex 
pression  of  a  woman's  tender  regard  for  a  relative  of  whom 
she  evidently  had  lost  trace,  but  whom  she  yet  held  dear 
in  her  memory.  It  is  dated  at  "  Blumenmacherci  in  der 
Hauptstrasse,  Stuttgard,  Wiirtemberg."  I  extract  from  it 
the  following  sentence: 

.  .  .  When  I  consider  the  emigration  of  your  honorable  grandfather 
and  your  beloved  mother,  the  great  persuasion  I  used  to  deter  them  from 
such  an  uncertain  project  in  a  far  distant  part  of  the  world,  I  am,  by 
your  achievement,  reminded  that  there  is  an  All-wise' Dispenser  of  hu 
man  events  who  governs  the  affairs  of  His  children  better  than  they  are 
at  times  disposed  to  believe. 


CHAPTER  II. 
Jlis  Qollecje  Cif<?  apd  /}d/r\issior;  to  Bar,  Etc. 


JITH  the  thorough  preparation  that  his  academic 
course  in  Charleston  gave  to  him,  Mr.  Memminger 
was  entered  as  a  student  in  the  South  Carolina 
College  in  the  year  1815,  before  he  had  reached  his  thirteenth 
birthday.  He  came  well  equipped  for  the  trials  which  all 
must  undergo  who  enter  an  institution  of  so  high  a  grade, 
and  desire  to  enjoy  its  benefits  and  to  contend  for  its  honors. 
His  class  in  the  Freshman  year  was  a  large  one,  and  em 
braced  through  his  college  course  a  number  of  young  men 
who  were  his  seniors  in  years,  and  a  few  who  in  after  life 
became  distinguished  citizens  of  South  Carolina  and  of  other 
States.  At  this  period  in  its  history  the  South  Carolina  Col 
lege  took  high  rank  among  the  institutions  of  learning  in 
the  United  States,  and  was  in  fact  the  leading  college  of  the 
Southern  States.  Here,  young  men  came  from  all  sections 
of  the  South,  and  from  its  classic  shades  and  well-appointed 
halls  were  sent  out  men  who  for  near  a  century  have  im 
pressed  their  virtues  upon  the  civilization  of  all  sections  of 
our  country.  Appreciating  fully  the  importance  of  a  liberal 
education  for  her  sons,  and  not  yet  distracted  by  the  politi 
cal  discords  that  in  after  years  wasted  her  resources,  and 
which  to  some  extent  appear  to  have  alienated  the  sympa 
thies  of  her  people,  South  Carolina  made  ample  provision 
for  the  maintenance  of  this  college;  and  in  fact,  by  the  judi 
cious  expenditure  of  these  appropriations  made  it  a  great 
fountain  of  knowledge,  whose  pure  waters  were  liberally  dis 
pensed  to  make  useful  men  of  those  who  were  disposed  to 

(21) 


22  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

drink  deep  at  its  Pierian  spring.  At  the  time  of  which  I 
am  writing  the  college  had  just  undergone  a  severe  trial  in 
the  enforcement  of  such  discipline  as  the  Faculty  were  then 
authorized  to  execute.  The  students  appear,  from  the  ac 
count  given  by  Professor  La  Borde,  in  his  history  of  the  In 
stitution,  to  have  resorted  to  violence  in  resenting  what  they 
were  pleased  to  consider  grievances,  and  for  some  time  after 
the  great  riot  of  1813  they  appear  to  have  remained  in  a 
state  of  more  or  less  disorder,  if  not  in  open  rebellion  against 
the  constituted  authorities.  Dr.  Jonathan  Maxey,  the  phi 
losopher  and  eminent  divine,  was  the  President;  Robert 
Henry  was  Professor  of  Moral  Philosophy;  the  great  Doctor 
Cooper,  of  Chemistry;  Thomas  Park,  of  Languages,  and 
George  Blackburn  of  Mathematics  and  Astronomy.  The 
tutors  were  Timothy  D.  Porter,  of  Languages,  and  James 
Camak,  of  Mathematics. 

The  classmates  of  Mr.  Memminger  were  Henry  Campbell, 
John  Campbell,  Ulrick  B.  Clark,  Wm.  R.  Clowney,  Charles 
James  Colcock,  Mark  A.  Cooper,  John  M.  Deas,  Franklin 
H.  Elmore,  James  A.  Fleming,  Benjamin  Green,  Samuel  M. 
Green,  Ezra  M.  Gregg,  James  A.  Groves,  John  S.  Groves, 
John  M.  Harris,  Samuel  J.  Hoey,  Benjamin  F.  Linton,  Thos. 
Jefferson  Means,  Henry  G.  Nixon,  John  A.  H.  Norman 
Edward  G.  Palmer,  James  S.  Pope,  Wm.  Porcher,  John  M. 
Ross,  Napoleon  B.  Scriven,  Samuel  P.  Simpson,  Joseph 
Stark  Sims,  James  E.  Smith,  Thomas  House  Taylor,  Wm. 
H.  Taylor,  and  Edward  Thomas. 

From  a  circular  issued  by  the  President  in  1819,  the  fol 
lowing  I  find  to  be  the  requisite  in  order  to  enter  the  Fresh 
man  class: 

A  candidate  must  be  able  to  sustain  a  satisfactory  examination  upon 
Arithmetic  and  Elementary  Algebra  and  English  Grammar;  upon  Cor 
nelius  Nepos,  Coesar,  Sallust,  and  the  whole  of  Virgil's  JSneid  in  Latin ; 
and  in  Greek  upon  the  Gospels  of  Sts.  John  and  Luke,  the  Acts  of  the 
Apostles,  and  the  Greek  Grammar.  .  .  .  The  studies  to  be  pursued 


HIS  COLLEGE  LIFE,  ETC.  23 

in  the  Freshman  year  are  Cicero's  Orations  and  the  Odes  of  Horace  in 
Latin,  Xenophon's  Cyropredia  and  Memorabilia  in  Greek,  Adam's  Ro 
man  Antiquities,  Vulgar  and  Decimal  Fractions,  the  Equations  and  Ex 
traction  of  Roots,  English  Grammar  and  Rhetoric. 

What  youth  of  twelve  summers,  even  in  this  day,  would 
have  passed  the  ordeal  of  such  an  examination,  and  held  not 
only  a  respectable  place  in  his  class,  but  have  led  it  as  did 
young  Memminger. 

The  writer  was  privileged  to  know,  in  the  maturity  of 
their  lives,  and  to  an  extent  was  intimate  with,  the  Hon. 
Mark  A.  Cooper  and  Rev.  John  S.  Groves,  citizens  of  Georgia, 
who  entered  college  with  Mr.  Memminger,  and  during  the 
entire  course  knew  him  as  only*  class-mates  and  room-mates 
can  know  each  other.  From  these  gentlemen  I  have  gath 
ered  all  that  I  present  of  the  college  life  of  Mr.  Memminger, 
beyond  that  he  has  preserved  in  the  form  of  essays  and 
orations  which  appear  in  the  Appendix  to  this  volume.  I 
am  especially  indebted  to  my  excellent  friend,  Rev.  John  S. 
Groves,  of  Oxford,  Georgia,  for  the  pleasure  he  has  afforded 
me  in  going  over  these  happy  days  of  his  youth,  and  for  the 
entertainment  he  has  given  me  as  with  that  zeal  which 
only  a  loving  nature  can  manifest  he  would  live  over  his 
college  life,  and  with  song  and  with  story  recount  the  inci 
dents  that  made  the  college  boy  then,  as  he  always  has  been 
and  must  ever  be,  a  peculiarly  interesting  character. 

"  Memminger,"  says  Mr.  Groves  in  a  sketch  made  by  him 
for  me,  "was  the  smallest  in  stature,  as  he  was  the  youngest 
in  years,  of  the  boys  who  entered  with  me  the  South  Caro 
lina  College  in  1815.  His  appearance,  when  I  first  saw  him, 
was  that  of  a  mere  child.  In  those  days  boys  were  not  per 
mitted  to  assume  the  roll  of  grown  men,  and  in  dress,  as 
well  as  in  behavior,  were  less  precocious  than  in  these  later 
days  of  Young  America.  This  was  especially  so  with  the 
boys  from  our  seaboard  city  of  Charleston.  With  his  back 
to  you,  and  dressed  as  he  was  in  a  neat-fitting  '  round-about ' 


24  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

or  jacket,  you  would  have  thought  him  to  have  been  one  of  the 
children  of  Columbia  who  had  wandered  into  the  campus, 
so  small  was  he  and  so  childlike  in  appearance,  but  let  him 
turn  and  face  you,  and  then  enter  into  conversation  with 
him,  and  you  would  be  at  once  undeceived.  His  manner 
was  all  earnestness,  wrhile  his  facial  expression  was  that  of  a 
person  far  his  senior  in  age.  His  most  attractive  feature 
wras  his  eye — a  blueish-gray — and  always  at  perfect  rest  when 
he  was  speaking  to  you.  He  seemed  to  be  looking  into  your 
mind,  and  if  he  was  interested  or  seeking  to  impress  you 
with  his  discourse,  you  would  be  held  as  if  by  a  magnetic 
force.  His  face  was  lean,  complexion  very  fair,  nose  very 
prominent,  chin  rather  an  oval  termination  of  a  strong,  well- 
formed  maxillary,  with  a  mouth  rather  large,  and  thin,  com 
pressed  lips — so  much  compressed  at  times  that  his  mouth 
appeared  but  as  a  line.  His  hair  was  a  dark  brown,  almost 
black.  Memminger  had  an  expression  under  all  circum 
stances  of  earnestness;  I  cannot  say  it  was  an  expression  of 
melancholly,  but  it  was  more  that  of  care,  of  serious  delib 
eration.  He  was  the  student  of  our  class.  We  had  not  been 
ten  days  on  our  course  before  he  was  in  the  lead.  His  reci 
tations  were  prepared  with  the  utmost  care,  and  while  at 
times  he  would  enter  heartily  into  the  sports  of  the  campus, 
yet  I  never  knew  him  charged  with  an  indiscretion  that 
would  necessitate  an  apology  to  a  class-mate  or  a  rebuke 
from  a  Professor. 

"  I  soon  learned  not  only  to  like  him,  but  to  have  for  the 
'  Charleston  boy/  as  we  called  him,  a  great  respect.  He  was 
very  laborious  and  never  an  idler.  For  some  time  we  were 
room-mates.  Often  have  I  been  rebuked  by  finding  him  at 
work  with  his  text-books  when  I  would  come  in  late  from 
some  social  entertainment.  Mr.  Memminger  was  born  for 
a  leader.  Young  as  he  was,  in  years  a  mere  child,  yet  in 
the  debating  society  or  at  our  class-meetings,  whenever  there 


HIS  COLLEGE  LIFE,  ETC.  25 

was  a  doubt  about  a  course  of  procedure,  and  we  were,  as  all 
college  boys  will  be,  at  our  council  board,  Memminger's 
opinions  were  very  apt  to  be  our  rule  of  action;  especially 
was  it  so  towards  the  close  of  our  college  term.  He  would 
wait  until  all  had  delivered  their  wisdom,  and  then  come 
with  a  statement  of  the  case  that  was  clear  and  convincing. 
I  cannot  say  that  he  was  regarded  as  having  a  mind  of  flash 
ing  brilliancy  in  the  sense  that  General  Toombs  or  Ben  Hill 
are  by  some  regarded;  but  he  had,  in  my  opinion,  a  more 
judicial  mind  than  either  of  them.  There  was  no  meteoric 
light  about  it,  but  the  clear,  steady  light  of  a  planet.  I  was 
much  impressed  with  his  strict  adherence  to  rules  and  his 
devotion  to  principles  while  he  was  in  college.  These  rules 
for  the  conduct  of  his  life  were  prepared  for  him  by  some 
sincere  friend,  and  he  had  them  written  upon  a  tablet,  and 
ever  before  his  mind  as  the  inflexible  law  of  his  college  life 
which  no  possible  temptation  could  lead  him  to  forget. 

"  While  he  was  not  a  member,  as  I  now  remember,  of  any 
religious  society,  yet  he  always  attended  upon  the  services 
at  the  chapel,  and  was  scrupulously  careful  in  observing  his 
morning  and  evening  devotions. 

"After  graduation  our  lives  diverged.  He  remained  in  his 
loved  Carolina  while  I  moved  elsewhere.  I  have  followed 
his  course  in  public  life  with  much  pleasure,  and  would  only 
have  been  surprised  if  he  had  not  made  the  record  he  has 
among  the  great  men  of  the  country.  His  orations  in  the 
Junior  class,  and  one  while  he  was  a  Senior  in  1819,  on  the 
'Influence  of  Popular  Opinion,''  were  well  received  at  the 
time  and  gave  evidences  then  of  a  fact,  now  assured,  that 
nature  had  cast  his  mind  in  no  ordinary  mould.  He  pos 
sessed  to  a  degree  I  have  never  known  surpassed  the  fac 
ulty  of  concentration.  I  have  known  him  when  surrounded 
by  a  troup  of  boisterous  college  boys  to  continue  his  studies 
amid  every  kind  of  interruption.'7 


26  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

I  extract  from  a  letter  written  by  the  Hon.  Mark  A. 
Cooper,  a  United  States  Senator,  and  among  the  ablest  and 
most  honored  citizen  of  Georgia,  the  following: 

I  am  not  unmindful  of  my  promise  to  you,  made  some  time  ago,  to 
prepare  a  sketch  of  the  college  days  of  my  old  friend,  Mr.  Memminger, 
of  South  Carolina.  I  have  only  delayed  because  at  my  advanced  age  I 
find  it  by  no  means  as  easy  to  handle  a  pen  as  in  the  days  gone  by — 
alas,  gone  by  forever !  .  .  .  My  delay  has  at  least  given  me  the  plea 
sure  of  reading  a  letter  from  you  which  be  assured  is  highly  appreciated. 
.  .  .  From  the  first  time  I  met  him,  a  mere  boy,  when  we  matriculated 
at  the  South  Carolina  College,  to  this  moment,  I  have  had  for  C.  G.  Mem 
minger  the  utmost  respect.  I  well  remember  him,  a  delicately  framed 
boy,  who  appeared  to  be  too  young  to  be  away  from  home  influences,  and 
by  several  years  the  youngest  of  those  who  entered  the  Freshman  class 
of  1815.  There  was  in  his  childish  appearance  that  which  to  a  stranger 
might  have  detracted  from  the  dignified  personnel  of  a  collegiate,  yet 
there  was  in  his  intellectual  eye  and  impressive  face  the  undoubted  ex 
pression  of  a  mind  that  would  command  respect  from  those  who  were 
larger  in  physical  proportion  or  who  were  older  in  years. 

At  college  he  was  very  attentive  to  his  duties,  a  close  and  critical  stu 
dent,  and  in  every  sense  of  the  term  a  clever  youth.  There  were  others 
in  our  class  who  were  thought  to  possess  more  brilliant  intellects,  but 
none  who  were  more  earnest  in  their  labors  or  more  direct  in  their 
methods.  I  can  recall  several  who  have  never  reached  a  place  of  note, 
or  became  at  all  distinguished,  who  were  regarded  in  their  college  days 
as  being  more  talented  than  Memminger;  .  .  .  but  none  who  were 
superior  to  him  in  that  painstaking  labor  and  thorough  analysis  so  essen 
tial  to  the  acquisition  of  knowledge,  and  to  its  judicious  application  in 
the  affairs  of  life.  We  were  members  of  the  same  debating  society— 
the  Clariosophic.  I  have  often  listened  to  him  in  debate  with  great  sat 
isfaction,  and  have  found  him  by  no  means  an  antagonist  to  be  lightly 
considered.  Mr.  Memminger's  success  in  life  was  all  foreshadowed  in 
his  college  days.  That  he  should  have  reached  the  eminent  position 
among  our  great  men  that  now  renders  his  name  distinguished  is  no 
matter  of  surprise  to  me.  .  .  . 

Some  of  the  orations  referred  to  by  Mr.  Groves  are  printed 
in  the  Appendix  to  this  volume.  They  plainly  indicate  the 
strength  of  the  youth's  mind.  For  these  papers  I  am  in 
debted  to  Mr.  Edward  Memminger,  of  Flat  Rock,  a  worthy 
son,  as  I  am  for  others  that  have  been  long  treasured  as 
familv  heirlooms. 


HIS  COLLEGE  LIFE,  ETC.  27 

The  prescribed  college  course  has  been  finished,  and  the 
time  comes  when  the  Freshman  has  matured  into  the  digni 
fied  Senior,  who,  in  the  presence  of  the  august  guardians  of 
his  alma-mater  and  before  the  assembled  populace,  is  to 
receive  the  official  certificate  of  his  proficiency  and  be  ush 
ered  into  the  arena  of  life  to  meet  its  duties  and  to  engage 
in  its  combats;  to  go  down  before  these  in  the  ignominy  of 
failure,  or  to  acquire  fame  and  the  emoluments  of  victory, 
the  honors  of  men,  and  more  than  all  the  approval  of  his 
own  conscious  manhood,  and  the  esteem  of  his  fellow-citizens. 
The  merit  and  demerit  marks  have  all  been  counted  by  the 
professors,  when  it  is  announced  that  the  gray-eyed  boy 
from  Charleston  has  by  his  proficiency  won  the  second 
place  of  distinction  in  a  large  and  talented  class,  and  has 
been  awarded  the  honor  of  delivering  the  salutatory  address 
at  the  "  Commencement  "  exercises.  The  young  gentleman 
who  contended  with  Mr.  Memminger  for  the  "  First  Honor  " 
was  Mr.  Thomas  House  Taylor,  who  won  it  by  so  small  an 
advantage  that  the  Faculty  were  for  some  time  in  doubt.  A 
few  years  later  brought  about  a  change  in  the  rules  of  the 
college,  making  the  "  First  Honor  "  graduate  the  salutato- 
rian,  and  awarding  to  the  "  Second  Honor  "  the  valedictory 
address,  and  such  is  the  custom  to~day.  When  young  Mem 
minger,  proud  of  his  triumph,  was  presented  by  the  venera 
ble  president,  there  was  not  before  him  in  that  happy  au 
dience  the  beating  heart  of  a  father,  or  was  there  awaiting 
him  the  loving  embrace  of  a  mother.  The  gallant  officer  of 
the  Prince-Elector's  battalion  and  the  patient,  proud-spirited 
mother  could  only  have  been  near  their  loved  boy  in  some 
spirit  form,  some  sweet  relation  of  affinities,  that  some  tell 
us  bring,  even  from  the  infinite  world,  the  loves  that  have 
left  us  in  this  world.  Who  shall  say  that  it  was  not  so! 
There  was  one  there,  however,  to  press  the  hand  of  his  boy, 
whom  he  had  taken  into  his  own  household  and  to  whom  he 


28  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

was  not  only  disposed  to  express  his  congratulations,  but 
about  whom  he  was  ready  to  place  the  strong  arm  of  his 
protecting  care  in  the  future  struggles  of  life.  This  was  Gov. 
Thomas  H.  Bennett,  the  foster-father,  in  every  sense  of  the 
word,  of  the  deserving  graduate. 

I  do  not  consider  that  it  would  be  just  to  the  spirit  of  my 
honored  friend,  whose  history  I  am  writing,  should  I  not 
present  more  prominently  than  I  have  done  the  character 
of  Governor  Bennett,  for  whom  Mr.  Memminger  always  en 
tertained  the  greatest  respect  and  a  love  engendered  by  the 
noble  nature  of  his  generous  friend  and  benefactor. 

Returning  to  Charleston  from  his  successful  college  course 
with  his  well-earned  honor,  Mr.  Memminger  entered  the  law 
office  of  Mr.  Joseph  Bennett,  the  brother  of  the  Governor. 
In  those  days  admission  to  the  privileges  and  emoluments 
of  the  legal  profession  was  only  possible  in  South  Carolina 
after  a  course  of  study  that  would  in  these  latter  days  of 
rapid  evolution  be  considered  in  some  sections  as  amount 
ing  to  a  qualified  interdiction.  It  was  well  that  it  was  so. 

The  youth  of  Mr.  Memminger  was  in  his  favor,  while  the 
training  that  his  superior  mind  had  received  the  better  pre 
pared  him  to  grasp  the  subtle  realities  of  the  logical  science 
he  had  determined  to  master.  In  the  year  1820,  when  he 
formally  began  his  law  course,  the  Bar  of  Charleston  was, 
as  it  has  ever  been,  noted  for  the  number  of  eminent  lawyers 
who  were  practising  there  in  the  State  and  Federal  courts. 
There  could  have  been  no  better  standards  of  professional 
ethics,  as  there  were  no  higher  expressions  of  the  learning 
and  the  eloquence  of  the  lawyer  and  advocate;  no  better 
school  in  which  to  absorb  by  the  contact  of  association,  as 
there  was  no  better  forum  for  the  exhibition  of  the  noblest 
expressions  of  true  manliness.  It  was  then  that  Stephen 
D.  Miller,  Hugh  S.  Legare,  Henry  L.  Pinckney,  James  L. 
Pettigru,  Eobert  Y.  Hayne,  Henry  Bailey,  Daniel  and  Alfred 


HIS  COLLEGE  LIFE,  ETC.  29 

Huger,  B.  F.  Hunt,  Richard  Yeadon,  W.  G.  Dessassure, 
Alexander  Mazyck,  were  among  the  master  spirits  of  the 
court-room;  when,  at  the  General  Sessions,  the  Court  of 
Common  Pleas,  or  at  Chancery,  Johnston,  Harper,  O'Neal, 
Butler,  Dunkin,  Richardson,  Wardlaw,  Earle,  and  Evans 
presided  with  a  grace  that  would  have  done  honor  to  West 
minster  or  the  King's  Bench  in  the  palmiest  day  of  English 
jurisprudence.  It  was  then  that  Calhoun,  McDuffie,  Cheves, 
and  Hayne  were  statesmen  expressing  thoughts  that  were  to 
outlive  the  centuries  and  "  wander  through  eternity." 

Among  the  young  men  just  then  coming  to  the  Bar  was 
Edward  McCrady.  For  him  Mr.  Memminger  formed  an 
attachment,  which  was  warmly  reciprocated,  and  which  con 
tinued  an  unbroken  friendship  during  more  than  the  aver 
age  life  of  men.  It  has  recently  been  my  pleasure  to  con 
verse  with  Mr.  McCrady,  who,  at  this  writing,  is  still  in  life, 
and  at  the  advanced  age  of  ninety-three  retains  to  a  remark 
able  degree  the  faculties  of  his  mind  and  a  physical  strength 
which  I  hope  will  prolong  his  useful  life  far  into  the  "  serene 
and  solemn  beauty  of  old  age."  Mr.  McCrady  describes  his 
then  young  friend  Memminger  as  being  a  man  of  untiring 
energy,  a  close,  careful  student,  who  lost  no  opportunity  to 
acquire  an  accurate  knowledge  of  the  principles  and  the 
practice  of  his  chosen  profession;  sincere  in  his  convictions 
and  devoted  in  the  discharge  of  duty.  "  He  possessed,"  said 
Mr.  McCrady,  "  to  an  extent  I  have  never  known  surpassed 
the  ability  to  state  a  proposition  and-  lay  a  case  before  a 
judge  or  a  jury  as  clearly  as  it  possibly  could  be  done. 
There  was  nothing  superfluous,  no  redundant  expression; 
but  stripped  of  all  extraneous  matters  the  proposition  or 
case  would  be  stated  by  him  so  clearly  that  there  could  be 
no  mistaking  it." 

At  this  time  there  was  an  association  among  the  men  of 
letters  in  Charleston,  known  as  the  "  Conversational  and  De- 


30  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

bating  Society"  to  which  Mr.  Memminger  was  introduced, 
and  of  which  he  became  an  active  member  and  regular  at 
tendant.  The  object  of  the  association  appears  to  have  been 
"  for  the  improvement  of  the  mind  and  the  cultivation  of 
the  amenities  of  life."  It  was  in  fact  a  social  club,  some 
what  similar  to  the  "Kit-Kat"  and  old  October  Clubs  of 
London  in  the  days  of  Johnson,  Goldsmith,  Reynolds,  and 
other  worthies  of  their  day.  The  current  topics  of  the  day 
were  informally  discussed,  essays  were  read,  and  occasion 
ally  such  subjects  as  were  of  special  interest  were  debated 
to  the  great  pleasure  and  profit  of  those  who  were  present. 
This  institution  was  established  at  an  early  period  in  the 
history  of  Charleston,  as  I  am  informed  by  Judge  George  S. 
Bryan,  and  numbered  among  its  members  those  who  were 
prominent  in  all  the  pursuits  of  life — clergymen,  lawyers, 
doctors,  men  of  letters,  and  those  engaged  in  commerce  or 
the  business  pursuits  of  the  city.  The  writer  can  well  un 
derstand  that  while  Mr.  Memminger  was  preparing  himself 
for  the  duties  of  his  profession,  the  associations  of  this  club 
were  of  great  benefit  to  him.  Among  the  gifted  and  accom 
plished  men  he  met  there  any  young  gentleman  possessing 
the  natural  abilities  of  Mr.  Memminger  must  have  received 
valuable  suggestions,  as  he  must  also  have  been  impressed 
with  that  imprimatur  of  manhood  that  made  this  era  in  our 
State's  history  one  of  peculiar  attractiveness.  This  club 
was  in  existence  for  near  a  century.  It  was  reorganized  in 
1842,  but  appears  now  to  have  suffered  the  fate  of  other  in 
stitutions  of  our  ante-bellum  civilization,  and  to  have  gone 
into  that  wretched  tomb  which  an  unsuccessful  revolution 
prepared,  not  alone  for  our  material  interests,  but,  alas!  for 
the  spirit  and,  to  too  great  an  extent,  the  sesthetic  culture  of 
a  gallant  people. 

I  find  among  the  papers  of  Mr.  Memminger  the  reported 
proceedings  of  another  club,  which  I  apprehend  was  formed 


HIS  COLLEGE  LIFE,  ETC.  3} 

among  the  young  lawyers  of  Charleston.  The  name,  as 
given  in  our  English  participle — "  The  Lying  Club  " — is  not 
so  classic  as  it  might  have  been  made,  but  it  is  none  the 
less  suggestive.  This  club  met,  as  it  appears  from  the  pro 
ceedings,  in  general  sessions,  at  the  Charleston  Coffee-House, 
a  temple  whose  fame  in  that  goodly  day  was  as  great  in  the 
old  city  by  the  sea  as  was  that  of  Mercury  in  ancient  Athens. 
From  the  old  and  well-authenticated  records  of  this  club  it 
is  clear  that  Mr.  Memminger's  was  one  of  those  happy  tem 
pers  which  varied  at  times  the  stern  realities  of  life  with  the 
genuine  good  humor  of  a  merry  soul. 

He  had  the  sweet  humors  of  a  happy  disposition  moving 
as  a  deep  undercurrent  in  his  strong  and  manly  nature. 
There  was  no  element  of -the  cynic,  no  asceticism  in  his 
character.  Under  no  circumstances  did  he  ever  display  the 
solemn  phariseeism  of  a  Uriah  Heap. 

In  after  years,  when  he  was  burdened  with  the  cares,  the 
responsibilities,  and  many  vexing  annoyances  of  a  Cabinet 
officer,  the  writer  was  brought  into  intimate  official  rela 
tions  with  him  as  the  chief  clerk  and  disbursing  officer  of 
the  Confederate  Treasury  Department,  and  was  admitted 
into  his  confidence  as  his  private  secretary  and  executive 
officer  for  at  least  one  year  of  his  term  of  service.  I  never 
knew  him  to  lose  control  of  his  temper;  never  at  any  time, 
even  when  annoyed,  as  but  few  officials  could  be,  and 
always  found  him  re'ady  at  the  proper  time  and  place  to  en 
joy  a  good  joke,  and  to  relish,  with  a  keen  sense  of  apprecia 
tion,  a  genuine  witticism. 

In  his  infancy  his  grandparents,  who  were  then  his  guar 
dians,  did  not  realize  the  advantage  of  having  him  made  an 
American  citizen  under  the  provisions  of  the  naturalization 
laws  then  of  force.  He  could  not  be  admitted  to  the  Bar  as 
an  attorney  and  counsellor-at-law  until  this  step  had  been 
taken.  Under  the  auspices  of  Mr.  Van  Buren,  an  act  of 


32  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

Congress  providing  for  such  cases  was  passed,  and  under  its 
provisions  Mr.  Memminger  became  an  American  citizen. 
The  following  is  a  copy  of  the  certificate  issued  by  the  United 
States  District  Court: 

UNITED  STATES  OF  AMERICA — SOUTH  CAROLINA  DISTRICT. 
To  all  to  whom  these  presents  may  come — greeting: 

Whereas  at  a  Federal  District  Court,  held  in  the  city  of  Charleston, 
under  the  jurisdiction  of  the  United  States  of  America,  on  the  22d  day 
of  June,  Anno  Domini,  1824,  and  in  the  48th  year  of  the  Independence 
and  sovereignty  of  the  said  States,  Christopher  Gustavus  Memminger, 
late  of  the  Duchy  of  Wurtemberg,  in  the  electorate  of  Suabia,  came  into 
the  said  court  and  made  application  to  be  admitted  a  citizen  of  these, 
our  said  States,  and  having  complied  with  all  of  the  conditions  and  re 
quisites  of  the  acts  of  Congress  in  such  case  made  and  provided  for  estab 
lishing  a  uniform  rule  for  naturalization ;  and  the  oath  to  support  the 
Constitution  of  the  United  States  of  America,  and  to  renounce  all  alle 
giance  and  fidelity  to  every  foreign  prince,  potentate,  State,  or 
sovereignty  whatever,  being  administered  unto  him  in  open  court  before 
the  Honorable  Thomas  Lee,  District  Judge,  he,  the  said  Christopher 
Gustavus  Memminger  is,  by  virtue  thereof  and  the  premises,  declared 
and  enrolled  a  citizen  of  the  said  States. 

In  testimony  whereof,  I  have  fixed  the  seal  of  the  said  court  to  these 
presents,  at  the  city  of  Charleston,  in  the  district  aforesaid,  the  day  and 
year  above  written. 

[Signed]  JAMES  JERVEY, 

District  Cleric,  S.  C.  D. 

It  is  fact  of  note  that  two  of  the  most  prominent  and 
trusted  officers  of  the  Cabinet  of  President  Davis  were  for 
eign  born — Judah  P.  Benjamin  and  Mr.  Memminger.  •  It 
does  not  appear  that  Mr.  Benjamin  was  ever  a  citizen  dejure 
of  the  United  States.  He  moved  on  in  his  remarkable 
career,  reaching  eminence  as  a  lawyer  and  distinction  as  a 
Senator;  became  famous  as  a  brilliant  expounder  of  consti 
tutional  law;  championed  the  cause  of  the  Southern  States, 
and  subsequently  throughout  the  administration  of  Presi 
dent  Davis,  became  his  trusted  counsellor  in  the  Law  De 
partment,  the  War  Department,  and  finally,  as  Secretary  of 
State,  without  ever  having  renounced  his  allegiance  to  the 


HIS  COLLEGE  LIFE,  ETC.  33 

British  Government.  Not  so  with  Mr.  Memminger,  the 
equal  in  many  respects  of  the  gifted  Englishman  from 
Louisiana,  and,  as  the  writer  believes,  his  superior  in  those 
characteristics  that  mark  the  upright  man  who  feared  God 
and  worked  righteously. 

The  delay  incident  to  securing  the  privileges  of  a  citizen 
of  the  United  States  was  improved  by  Mr.  Memminger  in  a 
close  application  to  the  text-books  of  his  profession.  It  was 
at  this  time  that  he  began  the  preparation  of  "A  Digest  of 
the  Decisions  of  the  Court  of  Appeals,  with  Notes  on  the 
same,  and  on  Leading  Cases  referred  to  in  the  Authorities. " 
I  find  only  one  of  the  note  books  among  his  papers  in  which 
this  digest  i"s  commenced.  It  is  in  his  hand-wTriting,  with 
marginal  references  to  many  authorities,  clearly  indicating 
the  painstaking,  methodical  work  of  a  careful  student.  Thus 
was  he  laying  broad  and  deep  the  foundation  upon  wThich, 
in  after  years,  he  was  to  erect  the  superstructure  that  will 
remain  for  years  to  grace  the  judicial  walks  in  which  the 
great  men  of  Carolina  lived  and  made  their  immortal  his 
tory. 

Admitted  to  practice  in  the  several  courts  of  South  Caro 
lina,  Mr.  Memminger  at  once  entered  upon  a  successful  pro 
fessional  career.  .While  he  did  not  make  any  single  depart 
ment  of  law  a  specialty,  yet  it  becomes  apparent  to  those 
who  follow  his  long  and  laborious  professional  life,  and  read 
his  many  cases  as  of  record  in  the  State  Reports,  that  com 
mercial  and  constitutional  law  in  all  their  bearings  was  his 
favorite  branch,  and  in  these  he  was  eminently  successful. 
The  order  of  -his  mind  would  naturally  lead  him  in  this 
direction. 

When  Mr.  Memminger  came  to  take  his  place  among  the 

'lawyers  of  the  Charleston  Bar,  political  affairs  were  in  an 

excited  condition,  and  became  more  so  as  each  session  of 

Congress  brought  before  the  people  the  discussions  of  ques- 

3 


34  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

tions  that  were  fast  arraying  the  Northern  and  Southern  sec- 
tions  of  the  country  against  each  other,  and  that  ultimately 
provoked  the  dissolution  of  the  Union.  For  years  the  dis 
cussion  of  the  rights  of  the  States,  under  the  provisions  of 
the  Constitution,  had  "been  growing  more  and  more  bitter. 
These  discussions  became  more  excited  when  the  tariff 
measures,  instituted  during  the  administration  of  John 
Quincy  Adams,  were  enforced  during  the  presidential  term 
of  Andrew  Jackson.  Public  meetings  were  being  held  all 
over  the  country  to  protest  against  the  tariff  as  an  iniquitous 
system  of  legislation  made  to  advance  the  interests  of  the 
manufacturing  States  of  the  North,  at  the  expense  of  the 
agricultural  sections  of  the  Union.  Mr.  Clay's  great  speech 
in  support  of  "An  American  system  for  the  protection  of 
American  industry,"  delivered  in  the  House  of  Representa 
tives  in  March,  1824,  had  called  forth  the  eloquence  and  logic 
of  Robert  Y.  Hayne,  Mr.  Calhoun,  Judge  Harper,  James 
Hamilton,  Langdon  Cheves,  Henry  L.  Pinckney  and  a  host 
of  others  in  opposition  to  his  doctrines;  while  in  Virginia 
the  ringing  eloquence  of  AVilliam  B.  Giles  endorsed  the  reso 
lutions  reported  to  the  General  Assembly  of  that  State  pro 
testing  "  against  the  claim  or  exercise  of  any  power  whatever 
on  the  part  of  the  general  government  to-  protect  domestic 
manufactures  as  not  being  among  the  grants  of  power  to 
that  government  specified  in  the  Constitution  of  the  United 
States,  and  also  against  the  operations  of  the  act  of  Congress 
passed  May  22,  1824,  entitled  an  act  to  amend  an  act  im 
posing  duties  on  imports  generally  called  the  tariff  laws, 
which  vary  the  distribution  of  the  proceeds  of  the  labor  of 
the  community  in  such  a  manner  as  to  transfer  property 
from  one  portion  of  the  United  States  to  another,  and  to 
take  private  property  from  the  owner  for  the  benefit  of  an 
other  person,  not  rendering  public  service,  as  unwise,  unjust, 
unequal  and  oppressive." 


HIS  COLLEGE  LIFE,  ETC.  35 

In  South  Carolina,  as  in  Virginia  and  in  other  States  of 
the  Union,  this  matter  of  the  "  unwise,  unjust,  unequal  and 
oppressive  "  character  of  the  tariff  led  to  the  formation  of  two 
parties,  not  so  much  because  there  was  a  denial,  among  any 
very  considerable  number,  of  the  unrighteousness  and  op 
pressiveness  of  the  measure,  but  because  of  a  difference  of 
opinion  as  to  the  proper  remedy  to  relieve  the  agricultural 
sections  of  the  unjust  and  unconstitutional  burdens.  Mr. 
Calhoun  presented  the  right  of  nullification  as  a  remedy 
authorised  by  the  Constitution  of  the  United  States,  and 
sustained  his  position  with  masterly  arguments  which  will 
rank  him  among  the  great  reasoners  and  statesmen  of 

O  O 

America  as  long  as  our  institutions  of  government  endure. 

Nullification  as  a  peaceful  remedy  was  opposed  by  those 
who  believed  that  it  was  revolutionary,  unauthorized  by  any 
provision  of  the  Constitution,  and  if  exercised  by  the  State 
that  every  bond  of  Union  existing  between  the  States  would 
be  broken  and  civil  war  would  be  the  certain  result.  Both 
parties  claimed  to  be  advocating  the  doctrine  of  State 
Rights — the  one  being  known  as  the  "  Union  State  Rights 
Party,"  and  the  other  as  the  party  of  "  Free  Trade  and 
State  Rights."  With  the  masses  they  were  distinguished 
as  the  "Union"  and  " Nullification"  parties. 

Prominent  among  those  who  opposed  nullification,  and 
among  the  leaders  of  the  Union  party  were  James  L.  Peti- 
gru,  William  Drayton,  Joel  11.  Poiiisett,  Daniel  E.  linger, 
John  S.  Richardson,  Hugh  S.  Legare,  Richard  Yeadon,  Jr., 
B.  F.  Hunt,  Richard  I.  Manning,  Henry  W.  Dessassure,  John 
Belton  O'Neal,  and  many  others  I  might  mention  among 
the  best  citizens  and  truest  patriots  of  the  State  of  South 
Carolina. 

With  the  "Union  State  Rights"  party  Mr.  Memminger 
early  identified  himself,  and  though  but  a  young  man,  he 
brought  to  its  service  the  sincere  convictions  of  his  good 


36  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

judgment  and  the  earnest  zeal  of  an  unselfish  patriotism. 
The  great  debate  in  the  Senate  of  the  United  States  be 
tween  Mr.  Webster  and  General  Hayne  in  1830  had  gone 
far  beyond  the  previous  discussions  which  had  been  con 
fined  to  the  right  of  nullification.  Although  this  debate 
wras  provoked  by  a  resolution  inquiring  into  the  expediency 
of  selling  the  public  lands,  it  ended  in  a  heated  discussion 
of  the  sovereignty  of  a  State,  and  the  right  of  the  State  to 
resume  that  sovereignty  under  the  provisions  of  a  "  con 
tract"  or  a  "  compact."  Never  before  in  the  history  of  the 
country  was  there  so  much  excitement  in  political  affairs. 
From  Washington  city  this  excitement  was  transferred  to 
the  several  States,  and  more  of  it  possibly  reached  South 
Carolina  than  was  brought  to  any  other  of  the  Southern 
members  of  the  sisterhood.  Party  lines  were  drawn  with 
distinctness,  and  partisan  feeling  rose  to  a  degree  never  be 
fore  known  in  the  history  of  the  State.  To  use  the  language 
of  Mr.  Calhoun  in  his  address  to  the  people  of  South  Caro 
lina,  made  through  the  Pendleton  Messenger,  July,  1837: 
f<  The  country  is  now  more  divided  than  in  1824,  and  then 
more  than  in  1816.  The  majority  may  have  increased,  but 
the  opposite  sides  are  beyond  dispute  more  determined  and 
excited  than  at  any  other  period."  Meetings  were  held  in 
every  district,  parish  and  beat  in  the  State,  at  which  the 
doctrine  of  nullification  was  advocated  and  opposed  with  all 
the  vehemence  incident  to  such  occasions  among  an  excit 
able  people  who  were  appealed  to  by  eloquent  and  earnest 
orators. 

The  Legislature  of  1831  authorized  the  Governor  to  call  a 
convention  of  the  people  to  take  into  consideration  their  re 
lations  to  the  Federal  Union.  It  was  to  meet  at  Columbia 
in  the  month  of  November  of  the  following  year,  and  to  it 
delegates  were  to  be  selected  by  the  people  of  the  several 
districts  and  parishes  of  the  State.  The  Union  party  put 


UNION  PARTY  CELEBRATE.  37 

forth  its  strongest  men  and  best  endeavors  to  secure  their 
election  as  the  delegates  to  this  convention,  and  were  op 
posed  by  the  representative  men  of  the  nullifiers.  I  can 
best  portray  the  state  of  the  public  mind,  and  will,  at  the 
same  time,  preserve  a  valuable  historical  paper,  for  the  use 
of  which,  I  am  indebted  to  the  Hon.  E.  M.  Seabrook,  of 
Charleston,  by  inserting  here  a  copy  of  the  proceedings  at 
a  "  Celebration  of  the  Fifty-fifth  Anniversary  of  American 
Independence  by  the  Union  State  Rights  party"  at  Charles 
ton,  July  4,  1831. 

Celebration  of  the  Fifty-fifth  Anniversary  of  American  Independence. 

At  a  meeting  of  the  "  Union  and  State  Rights  Party,"  convened  at 
Seyle's  Hall,  agreeably  to  notice,  the  Hon.  Daniel  E.  Huger  was  called 
to  the  chair,  and  Robert  B.  Gilchrist,  Esq.,  appointed  secretary. 

The  objects  of  the  meeting  having  been  stated,  the  chairman,  on 
motion,  appointed  Messrs.  J.  L.  Petigru,  S.  H.  Dickson,  C.  J.  Steedman, 
A.  S.  Willington  and  Joseph  Johnson  a  committee,  who  reported  the  fol 
lowing  preamble  and  resolutions,  which  were  unanimously  adopted: 

"The  Union  and  State  Rights  Party,  zealously  attached  to  the  prin 
ciples  of  the  Revolution,  would  celebrate  the  approaching  anniversary 
of  American  Independence  in  the  very  spirit  which  animated  the  illus 
trious  men  who  fought  and  bled  for  American  liberty :  therefore, 

"  Resolved,  That  a  committee  of  arrangements,  consisting  of  thirteen, 
be  appointed  by  the  chair,  to  adopt  such  measures  as  may  be  necessary 
to  effect  the  purposes  contemplated  by  this  meeting. 

"Resolved,  That  a  committee 'of  five,  of  which  the  chairman  of  this 
meeting  shall  be  one,  be  appointed  by  the  chair,  to  request  the  Hon. 
William  Drayton  to  deliver  an  oration  on  the  Fourth  of  July  next. 

"Resolved,  That  twenty-four  stewards  be  appointed  by  the  chair,  to 
aid  the  committee  of  arrangements  in  ordering  and  conducting  such 
entertainments  as  may  be  thought  appropriate  for  the  occasion. 

"  Resolved,  That  the  committee  of  arrangements  be  specially  in 
structed  to  invite  the  surviving  patriots  of  the  Revolution. 

"  Resolved,  That  the  Hon.  James  R.  Pringle  be  requested  by  the  com 
mittee  of  arrangements  to  preside  at  the  dinner."1 

The  following  gentlemen  were  appointed  a  committee  under  the 
second  resolution:  Hon.  D.  E.  Huger,  B.  F.  Hunt,  Thomas  Bennett, 
Simon  Magvvood  and  J.  H.  Read. 

It  was  then  unanimously  resolved,  that  the  thanks  of  this  meeting  be 
returned  to  the  chairman  for  his  services  on  this  occasion. 


1  In  the  adoption  of  these  resolutions,  the  party  considered  that  they  were  only  imitating 
the  example  which  had  been  set  them  by  their  political  opponents. 


38  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

The  following  gentlemen  were  nominated  by  the  chairman  as  the 
committee  of  arrangements  and  stewards: 

Committee  of  Arrangements— John  Stoney,  George  Warren  Cross,  Rene 
Godard,  Dr.  Francis  Y.  Porcher,  John  Strohecker,  Dr.  James  Moultrie, 
Jr.,  Dennis  Kane,  James  Adger,  Dr.  S.  Henry  Dickson,  J.  Harleston 
Read,  William  Kunhardt,  Dr.  John  Wagner,  Edwin  P.  Starr,  C.  G.  Mem- 
minger. 

Stewards — Robert  Pringle,  James  H.  Smith,  L.  G.  Capers,  Randell 
Hunt,  William  Patton,  Abraham  Moise,  J.  Harleston  Rutledge,  James 
Marsh,  Jr.,  Charles  Lowndes,  John  B.  Legare,  William  Newton,  E.  S. 
Duryea,  Augustus  Follin,  George  Buist,  Albert  Elfe,  Cornelius  Burck- 
myer,  Charles  R.  Carroll,  Ogden  Hammond,  Thomas  Corbett,  Jr.,  J.  B. 
Thompson,  William  C.  Ilichborn,  Juls.  Tavel,  Daniel  Horlbeck,  John  B. 
Robertson. 

ASSEMBLY  AT  THE  MARKET  AXD  PROCESSION. 

The  day  having  arrived,  the  dawn  of  it  was  ushered  in  in  the  usual 
way,  by  the  firing  of  cannon,  ringing  of  bells,  and  the  parade  of  the 
militia. 

At  10  o'clock  the  party  began  to  collect  in  the  market,  between 
Meeting  street  and  the  Bay — this  being  the  place  designated  by  the 
committee  of  arrangements  for  that  purpose,  in  the  morning  papers. 
In  a  short  time  the  vast  multitude  which  had  assembled  so  much  ex 
ceeded  expectation,  that  it  became  necessary  to  call  in  the  assistance  of 
two  additional  marshals  to  assist  those  who  had  been  already  selected, 
and  Messrs.  Edward  M'Cready  and  Thomas  Corbett,  Jr.,  were  accord 
ingly  added  to  Messrs.  Henry  Ravenel,  Philip  Porcher  and  Theodore 
Gaillard.  The  procession  being  organized,  between  11  and  12  o'clock, 
moved  onward  to  the  First  Presbyterian  or  Scotch  Church,  at  the  corner 
of  Meeting  and  Tradd  streets,  (which  was  found  too  small  to  admit  the 
numerous  assemblage,  the  galleries  having  been  reserved  for  the  ladies,) 
where  they  opened  in  a  double  line  extending  at  the  same  moment  over 
a  greater  portion  of  the  intermediate  distance,  and  were  received  by  a 
voluntary  on  the  organ  by  the  venerable  and  accomplished  Professor  of 
Music,  Mr.  Jacob  Eckhard — the  whole  moving  through  the  lines  from 
the  rear. 

ORDER  OF  PROCESSION  TO  THE  CHURCH. 

1.  The  Twenty-four  Stewards,  corresponding  with  the  twenty-four 
States,  bearing  each  a  banner  of  blue  silk,  with  the  name  of  a  State  in 
scribed  on  it,  and  a  suitable  device. 

2.  The  Standard  of  the  United  States,  supported  on  the  right  and  left 
by  Col.  Jacob  Sass  and  Mr.  Solomon  Legare,  two  Revolutionary  soldiers, 
both  of  whom  \vere  at  the  siege  of  Savannah. 


UNION  PARTY  CELEBRATE.  39 

3.  Sixty  Youths,  who  having  hastily  organized  themselves,  and  re 
quested  to  be  admitted  into  the  procession,  were  received  by  the  mar 
shals. 

4.  Seventy  Ship-Masters  and  Seamen,  with  banners  on  which  were 
inscribed  the  names  of  distinguished  nautical  commanders  and  naval 
victories. 

5.  Union  and  State  Rights  Party:  The  younger  in  front,  the  elder  in 
the  rear.    This  was  composed  of  the  industrious  and  independent  of  all 
classes,  comprising  the  moral  and  political  energies  of  the  body  politic. 
They  were  very  numerous,  exceeding  1,200  souls.    They  also  carried 
banners  on  which  were  inscribed  the  names  of  the  battles  of  the  Revo 
lution  and  the  last  war — Fort  Moultrie  and  Bunker  Hill  being  in  front, 
and  others,  Northern  and  Southern,  conjointly  following  in  the  rear. 

6.  Committee  of  Arrangement :  Thirteen  in  number,  conformably  to 
the  thirteen  original  States. 

7.  Foreign  Consuls,  with  their  badges  and  ensignias  of  office. 

8.  Distinguished  Guests,  invited  from  various  parts  of  the  State. 

9.  The  Conscript  Fathers  of  the  Revolution :  A  patriotic  band,  who 
by  their  presence  in  goodly  numbers,  and  the  animation  with  which 
they  joined  in  doing  homage  to  the  day,  reminded  us  of  the  blood  and 
treasure  it  had  cost,  and  the  duty  imposed  to  transmit  it  unsullied  to 
posterity. 

10.  The  Clergy. 

11.  The  Twenty-four  Vice-Presidents :  Each  representing  a  State  of 
our  Federal  Union. 

12.  Gen.  Daniel  Elliott   Huger,  Reader  of  Washington's  Farewell 
Address,  sustained  by  Dr.  Win.  Read,  first  Vice-President  of  the  Day, 
and  Vice-President  of  the  Cincinnati  Society  of  South  Carolina. 

13.  The  Hon.  James  R.  Pringle,  Intendant  of  the  City,  and  President 
of  the  Day;  and  the  Hon.  Wm.  Drayton,  Orator. 

14.  The  Secretary  of  the  Committee  of  Arrangements,  with  the  beau 
tiful  blue  silk  standard  of  the  party,  inscribed  in  golden  capitals  with 
the  words  "Union  and  State  Rights,  July  4,  1831,"  and  surmounted  by  a 
very  splendid  eagle. 

Two  Bands  of  Music,  placed  at  proper  distances  along  the  line  of  the 
procession. 

The  whole  formed  a  sublime  and  imposing  spectacle,  the  moral  gran 
deur  of  which  it  would  be  difficult  to  give  an  adequate  idea  of  in  words. 
It  was  the  spontaneous  movement  of  a  vast  multitude,  assembled  in  the 
presence  of  their  God,  to  sacrifice  at  the  altars  of  their  country,  and  to 
vow,  before  Him,  their  unalterable  determination  to  defend  her  institu 
tions  and  her  laws  against  the  attacks  of  all  her  enemies,  whether  they 
exist  in  her  own  bosom,  or  come  against  her  from  abroad. 
ORDER  OP  CEREMONIES  AT  THE  CHURCH. 

Prayer  by  the  Rev.  Mr.  Rodgers. 


40  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

AN  ORIGINAL  ODE. 

Sung  by  a  Choir,  accompanied  by  the  Organ.    (Air— "  The  Star-spangled  Banner.") 

I. 

We  will  gather,  in  pride,  to  the  glorious  rite, 

In  the  faith  of  the  free,  from  our  sires  that  descended; 
And  who  shall  resist  us,  when  thus  we  unite. 
For  the  Union  they  won,  and  so  nobly  defended, 
To  hallow  the  hour, 
When  freed  from  the  pow'r 
Of  Britain,  our  eagle  first  taught  her  to  cow'r? 
We  wrill  gather  in  triumph,  in  gladness  and  mirth, 
And  bless  our  free  nation — free'st  nation  of  earth. 

II. 

With  a  people  unmatched — with  a  freedom,  that  now, 
Even  now,  while  all  Europe  is  wrapt  in  commotion, 
And  the  brave  bleed  or  conquer,  refusing  to  bow, 
Shines  forth  like  a  beacon  across  the  broad  ocean — 
And  with  rapture  they  turn, 
Where  our  altars  yet  burn, 

Their  chains  are  all  broken,  their  tyrants  they  spurn, 
And  at  the  pure  altar,  and  round  the  glad  hearth, 
They  bless  our  free  nation — free'st  nation  of  earth. 

.  III. 

Where  else  is  the  temple  of  freedom — oh,  wrhere — 

If  not  in  the  broad  land,  our  sires  have  given ; 
For  destiny's  self  brought  our  forefathers  here, 
And  here  was  the  chain  of  the  tyrant  first  riven. 
And  to  conquer  or  die, 
First  appealing  on  high, 

They  dared,  in  his  might,  the  fell  monster  defy ; 
While  Europe,  astonished  looked  on  at  its  birth, 
And  bless'd  our  free  nation — free'st  nation  of  earth. 

IV. 

Forget  not  that  time  of  commotion  and  toil, 

And  the  glory  that  sprung  from  it,  cherished  forever, 
Shall  guard  our  freedom  and  shall  hallow  our  soil, 
And  the  foot  of  the  tyrant  shall  trample  them  never: 
For  what  folly  would  dare, 
When  our  flag  is  in  air, 

And  imbued  with  one  spirit,  we  join  in  one  prayer — 
For  the  altar  that  hears  it — for  our  home— for  our  hearth — 
God  save  our  free  nation — free'st  nation  of  earth. 


UNION  PARTY  CELEBRATE.  4\ 

Washington's  Farewell  Address  to  the  People  of  the  United  States, 
was  read  by  Gen.  Daniel  Elliott  Huger. 

This  was  received  with  strong  and  repeated  emotions— particularly 
those  parts  of  the  Address  which  are  admonitory  as  to  the  causes  that 
may  threaten  disunion  and  the  attempts  that  would  be  made  to  effect  it. 
SECOND  ORIGINAL  ODE. 

Composed  at  the  Request  of  the  Committee  9^  Arrangements  for  the  occasion.    Sung  by  two 
voices,  accompanied  as  before.     (Air— "Scots  wha  hae  wi'  Wallace  bled.") 

I. 

Hail,  our  country's  natal  morn, 
Hail,  our  spreading  kindred-born  ! 
Hail,  thou  banner,  not  yet  torn, 

Waving  o'er  the  free  ! 
While,  this  day,  in  festal  throng, 
Millions  swell  the  patriot-song, 
Shall  not  we  thy  notes  prolong, 

Hallo w'd  jubilee! 

II. 

Who  would  sever  Freedom's  shrine? 
Who  would  draw  the  invidious  line? 
Though,  by  birth,  one  spot  be  mine, 

Dear  is  all  the  rest. 
Dear  to  me  the  South's  fair  land, 
Dear,  the  central  Mountain  band, 
Dear,  New  England's  rocky  strand, 

Dear  the  prairied  West. 

III. 

Ey  our  altars,  pure  and  free, 
By  our  law's  deep-rooted  tree, 
By  the  past  dread  memory, 

By  our  WASHINGTON  ; 
By  our  common  parent  tongue, 
By  our  hopes,  bright,  buoyant,  young, 
By  the  tie  of  country,  strong — 

We  will  still  be  ONE. 

IV. 

Fathers !  have  ye  bled  in  vain? 
Ages  !  must  ye  droop  again? 
MAKER  !  shall  we  rashly  stain 

Blessings  sent  by  THEE? 
No !  receive  our  solemn  vow, 
While  before  Thy  throne  we  bow, 
Ever  to  maintain,  as  now, 

"  UNION — LIBERTY  !" 


42  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

In  the  choruses  of  both  odes,  the  audience  joined  with  a  good  deal  of 
enthusiasm ;  but  at  the  repetition  of  the  four  last  lines  of  the  last  verse 
of  the  second,  they  simultaneously  arose,  and  thus  manifested  the  deep 
and  swelling  emotions  with  \vhich  their  bosoms  had  been  inspired. 

This  being  ended,  the  orator  of  the  day  advanced  to  the  rostrum,  which 
had  been  occupied  by  his  predecessor,  and  delivered  an  able,  patriotic, 
and  exceedingly  beautiful  oration. 

At  the  close  of  these  ceremonies  th*e  party  adjourned. 

PROCESSION  TO  AND  DESCRIPTION  OF  THE  BOWER. 

The  hour  of  dining  having  arrived,  the  party  again  assembled  in  aug 
mented  numbers  at  the  market,  and  at  the  hour  of  4  o'clock  moved  off, 
in  an  order  the  reverse  of  that  which  had  been  adopted  in  the  morning, 
to  the  Union  Bower  at  the  corner  of  Meeting  and  George  streets,  where 
dinner  was  in  waiting  to  receive  them. 

The  very  extensive  building,  erected  by  the  party  for  this  especial  pur 
pose,  covering  a  space  of  forty-five  feet  in  width  by  one  hundred  and 
fifty  feet  in  length,  was  found  inadequate  to  accommodate  all  who  had 
assembled,  and  from  two  hundred  to  three  hundred  persons  were  obliged, 
notwithstanding  the  erection  of  an  additional  table  the  whole  length  of 
the  building  on  the  outside,  to  stand  up  and  exchange  places,  alternately, 
with  those  who  were  seated.  The  entertainment  was  abundant,  and  for 
so  numerous  a  company  served  up  in  superior  style.  The  wines  were 
excellent,  and  the  whole  company  enjoyed  "  the  feast  of  reason  and  the 
flow  of  soul."  About  10  o'clock  the  party  retired,  highly  pleased  at  the 
manner  in  which  they  had  passed  the  day. 

The  lot  and  building  in  which  the  party  dined  were  decorated  with  a 
taste  at  once  showy  and  becoming.  Festoons  of  evergreens  encircled 
the  pillars,  which,  though  we  cannot  exactly  consider  or  designate  them 
as  "Corinthian  columns,"  were,  nevertheless,  very  neat  and  substantial. 
The  hickory,  entwined  with  the  palmetto  and  the  pine,  were  conspicuous 
as  appropriate  emblems  in  illustrating  the  pride  and  strength  of  our 
country;  and  from  the  archways,  one  of  which  being  appropriated  to 
each  individual,  were  suspended  shields  bearing  the  names  of  Moultrie, 
Warren,  Lafayette,  Manning,  Sumter,  Hampton,  Lincoln,  Motte,  Pu- 
laski,  C.  C.  Pinckney,  Thomas  Pinckney,  De  Kalb,  Pickens,  Putnam, 
Marion,  Rutledge,  Lee,  Laurens,  Steuben,  AVayne,  William  Washington, 
Starke,  Morgan,  Knox,  B.  Huger,  Shepherd,  Isaac  Hayne,  Montgomery, 
Jasper,  Kosciusko,  Wilkins,  Gist,  Peter  Horry,  Gadsden,  R.  Lowndes,  and 
many  others  who  had  distinguished  themselves  in  the  cause  of  liberty  in 
the  fields  and  on  the  shores  of  Carolina.  Transparencies  of  Washing 
ton,  Hancock,  Franklin  and  others,  encircled  with  boughs  and  luxuriant 
foliage,  hung  at  the  upper  end  of  the  vast  hall.  In  front  of  the  build 
ing  the  eye  was  attracted  to  the  novel  appearance  in  our  streets  of  a 


UNION  PARTY  CELEBRA TE.  43 

palmetto  and  hickory  tree,  transplanted  in  full  bloom  from  the  soil  in 
which  they  originally  grew,  and  waving  in  that  of  their  adoption  as 
freshly  as  they  ever  did  before.  The  front  of  the  building  was  decorated 
with  two  full-rigged  frigates,  manned  and  armed,  mounting  each  fifty- 
two  guns,  and  one  rakish-looking  and  elegant  tender — all  perfect  models 
of  naval  architecture.  These  were  each  surmounted  by  a  broad  trans 
parent  archway,  over  the  centre  of  which  appeared  illuminated  the 
words,  "  Don't  give  up  the  ship  !  "  Three  other  transparencies,  allegori 
cal  and  emblematic,  directly  beneath  the  archway  completed  the  deco 
rations  in  front. 

CEREMONIES  AT  THE  DINNER. 

The  viands  and  other  eatables  being  removed,  the  president  of  the 
day  called  the  assembly  to  order,  when  the  following  toasts  were  drank, 
accompanied  by  the  reading  of  letters,  and  the  delivery  of  suitable 
speeches. 

REGULAR  TOASTS. 

1.  The  Day — Consecrated  to  American  Liberty  by  American  Patriots: 
May  this  return  of  it  revive  American   feelings   in  every  American 
bosom.     [Air — Hail  Columbia.] 

2.  The  Memory  of  Washington :  May  his  farewell  advice  be  engraved 
on  our  hearts,  and  his  whole  life  illustrated  in  our  conduct.     [Solemn 
Dirge.] 

3.  The  Patriots  of  the  Revolution  :  United  they  stood— divided  u-c  fall. 
[Ye  sons  of  Columbia  who  bravely  have  fought.] 

4.  The  President  of  the  United  States :  He  will  fill  the  measure  of  his 
glory,  by  preserving  the  Union,  without  impairing  the  rights  of  the 
States.     [The  President's  March.] 

5.  The  Yice-President  of  the  United  States:  His  political  intimates 
have  declared  their  sentiments  of  Nullification — will  he  shrink  from  an 
open  exposition  of  his  own?     [Let  every  Pagan  muse  be  gone.] 

6.  The  Congress  of  the  United  States:    Wisdom  to  their  councils, 
harmony  to  their  measures,  and  the  happiness  of  the  people  for  their 
only  object.     [The  breeze  was  hush'd,  a  star  was  prone.] 

7.  The  Governor  of  South  Carolina:  "The  union  of  this  confederation 
is  the  key-stone  of  the  whole  fabric  of  our  political  and  national  great 
ness,  our  civil  and  social  prosperity.     Let  this  sentiment  enter  with  re 
ligious  solemnity  into  all  our  public  relations  with  our  country,  and 
form  a  theme  of  domestic  instruction  at  our  altars  and  fire-sides."— Ora- 
tion  Fourth  July,  1821,  by  James  Hamilton,  Jr.     [Governor's  March.] 

8.  The  People  of  South  Carolina:   They  will  preserve  the  Union — 
peaceably,  if  they  can.     [Home,  sweet  home.] 

9.  The  Union:   The  foundation  on  which  rests  American  Liberty — 
Destroy  the  one,  and  the  other  must  fall.    [Yankee  Doodle.] 


44  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

10.  The  People  of  the  United  States :  Let  them  never  forget  that  an 
injury  to  one  State,  is  an  injury  to  all;  and  that  the  power  which  shall 
crush  one,  may  destroy  all.    [Meeting  of  the  waters.] 

11.  The  American  System :   The  offspring  of  a  wily  ambition  which 
would  corrupt  the  people  at  their  own  expense.     ['Tis  all  but  a  dream.] 

12.  The  Government  of  a  Majority — States  and  People :    If  this  will 
not  do,  what  will  ?     [Garry  Owen.] 

13.  The  Senate  of  the  United  States— The  Palladium  of  State  Rights  : 
They  have  a  veto  on  the  proceedings  of  the  representatives  of  the  people. 
[As  a  beam  o'er  the  face  of  the  waters.] 

14.  The  House  of  Representatives  of  the  United  States— The  Palla 
dium  of  Democracy :  They  have  a  veto  on  the  proceedings  of  the  Senate. 
[See  from  ocean  rising.] 

15.  The  Judiciary  of  the  United  States :  Nominated  by  the  President, 
the  agent  of  the  people  and  States;  and  confirmed  by  the  Senate,  the 
agents  of  the  States,  to  settle  all  differences  under  the  law  and  the  Con 
stitution.     [The  Light-House.] 

16.  The  Law  of  Nations — The  Guide  of  Sovereign  Powers :  Better  ad 
ministered  by  a  court  arranged  by  the  parties  than  by  conflicting  armies 
or  artful  diplomatists.     [The  Legacy.] 

17.  The  Declaration  of  Independence :  "  If  governments  do  not  answer 
the  ends  for  which  they  were  intended,  they  ought  to  be  changed,  but 
not  for  light  and  transient  causes."     [Jefferson's  March.] 

18.  State  Sovereignty:  If  one  State  has  the  right  to  change  the  gov 
ernment,  the  others  have  a  right  to  prevent  it.     [Ye  mortals  whom  fancy 
and  troubles  perplex.] 

19.  "State  Rights  and  Free  Trade":    Preserve  the   Union  and  both 
are  safe.     [America,  Commerce  and  Freedom.] 

20.  The  Tariff:  A  tax  upon  all — a  benefit  to  but  few;  it  must  soon  be 
smothered  in  its  own  accumulations.     [The  day  is  departed.] 

21.  The  Memory  of  William  Lowndes:   A  patriot  pure — for  power  lie 
never  sought;  from  duty  he  never  shrunk.     [A  Solemn  Dirge.] 

22.  "Nullification,"  "Secession,"  and   "Putting  the   State  upon   its 
Sovereignty":  Revolution  in  disguise.     [Black  Joe.] 

23.  The  Honorable  William  Smith— Proscribed  in  1830  by  the  Prose 
lytes  he  made  in  1825:  May  the  day  not  be  at  hand  when  he  may  say  in 
the  language  of  Milton — 

"  I  did  but  prompt  the  age  to  quit  their  clogs — 
By  the  known  rules  of  ancient  Liberty — 
When  straight  a  barbarous  noise  environs  me ; 
They  brawl  for  Freedom  in  their  senseless  mood, 
And  still  revolt ;  when  truth  would  set  them  free, 
License  they  mean,  when  they  cry  Liberty. 

[Keen  blows  the  blast.] 


UNION  PARTY  CELEBRATE.  45 

24.  Charles  Carroll  of  Carrollton — The  last  Surviving  Apostle  of  In 
dependence:  In  the  morning  of  life,  he  beheld  his  country  ushered  into 
existence;  God  forbid  that  the  evening  of  his  days  should  be  clouded 
by  her  destruction.  [The  last  Eose  of  Summer.] 

The  Honorable  William  Drayton  :  Who  with  more  than  Roman  virtue, 
sacrificed  the  dearest  ties  of  personal  and  family  friendship  for  the  good 
of  his  country. 

LETTERS  AND  SPEECHES. 

As  soon  as  the  applause  with  which  the  fourth  toast  was  drank  had 
subsided,  Col.  G.  W.  Cross,  a  member  of  the  committee  of  arrangements, 
rose  and  begged  leave  to  read  for  the  gratification  of  the  people  the  fol 
lowing  correspondence  with  the  President  of  the  U  luted  States,  inviting 
him  to  participate  in  the  celebrations  of  the  day,  which  was  received 
with  loud  and  reiterated  cheers : 

CHARLESTON,  S.  C.,  June  5. 
His  Excellency  Andrew  Jackson,  President  of  the  United  States: 

SIR, — The  undersigned,  on  behalf  of  their  fellow-citizens  of  "  The 
Union  and  State  Rights  Party,"  have  the  honor  to  invite  you  to  a 
dinner  given  on  the  approaching  Fourth  of  July,  in  celebration  of  the 
anniversary  of  American  Independence. 

Had  we  regarded  this  return  of  the  birthday  of  our  nation  as  an  era 
of  merely  ordinary  import,  we  should  not  perhaps  have  taken  the  liberty 
to  present  ourselves  to  you.  But  the  case  is  far  otherwise. 

As  a  native  of  the  State  of  South  Carolina,  and  one  whom  she  has 
always  delighted  to  honor,  we  do  not  doubt,  sir,  that  you  have  felt  such 
interest  in  the  expressions  of  sentiment  and  opinion,  which  have  been 
elicited  during  the  progress  oi'  affairs  among  us,  as  to  be  fully  aware  of 
the  great  lines  of  distinction  draw.n  between  the  several  parties  in  the 
State,  as  well  as  of  the  portentous  omens  which  threaten  us  with  civil 
convulsion.  It  is  well  known  to  you  and  to  the  world,  that  the  late  po 
litical  discussions  and  events  have  tended  to  loosen  those  bonds  of  fra 
ternal  affection  which  once  united  the  remotest  parts  of  our  great  em 
pire.  Geographical  limits  are  familiarly  referred  to  as  connected  with 
separate  and  disjoined  interests,  and  too  many  of  our  youth  are  growing 
up,  as  we  fear,  and  deeply  lament,  in  the  dangerous  belief  that  these 
interests  are  incompatible  and  conflicting. 

We  conceive  it,  sir,  to  be  a  matter  of  infinite  importance  to  our  coun 
try,  that  these  fatal  errors  should  be  promptly  corrected,  and  the  feel 
ings  which  they  engender  thoroughly  eradicated,  that  the  ancient  ties 
of  friendship  may  once  more  knit  closely  together  the  several  members 
of  our  happy  confederacy.  It  is  our  special  aim  to  revive  in  its  full 
force,  the  benign  spirit  of  Union — to  renew  the  mutual  confidence  in 
each  other's  good  will  and  patriotism,  without  which  the  laws  and 


46  LIFE  AND  TIMES  OF  C,  G.  MEMMINGER. 

statutes,  and  forms  of  government  of  these  States,  will  exist  in  vain. 
We  disclaim  from  the  bottom  of  our  hearts,  all  political  or  party  pur 
poses  of  local  nature  or  circumscribed  extent.  '  We  esteem  as  brethren 
and  associates  all  who  cordially  unite  with  us  in  devotion  to  our  com 
mon  country,  and  in  the  firm  resolution  to  defend  her  institutions,  and 
transmit  them  unimpaired  to  the  generations  that  shall  succeed  us. 
Your  sentiments  in  relation  to  this  subject  are  well  known,  and  have 
been  repeatedly  announced,  and  we  are  proud  to  regard  you,  sir,  as  one 
of  our  fathers  and  leaders. 

In  this  spirit,  and  with  these  views,  we  request  the  honor  of  your  pre 
sence  on  the  approaching  occasion.  The  citizens  of  Charleston  have 
flattered  themselves  with  the  hope  that  you  would  be  able,  without  in 
convenience,  to  comply  with  their  invitation,  urged  some  time  since 
through  the  municipal  authorities.  May  we  be  permitted  to  indicate 
the  period  of  your  visit  so  far  as  that  it  shall  include  the  anniversary  of 
the  Declaration  of  Independence. 

With  the  most  respectful  consideration,  sir,  we  have  the  honor  to  be, 
your  Excellency's  obedient  servants, 

Jontf  STONEY,  GEORGE  WARREN  CROSS, 

RENE  GODARD,  FRANCIS  Y.  PORCHER, 

JOHN  STROIIECKER,  JAMES  MOULTRIE, 

DENNIS  KANE,  JAMES  ADGER, 

S.  HENRY  DICKSON,  J.  HARLESTOX  READ, 

WILLIAM  KUNIIARDT,  JOHN  WAGNER, 

EDWIN  P.  STARR,  Committee  of  Arrangements. 

The  letter  from  Gen.  Andrew  Jackson,  in  reply  to  the  above,  was  read, 
from  the  centre  right  by  Col.  Cross,  from  the  left  by  Capt.  E.  P.  Starr, 
and  from  the  great  extent  of  the  Bower  and  assemblage,  it  not  having 
been  heard  at  the  extreme  ends,  it  was  there  read  severally  by  the  Hon. 
Thomas  Lee  and  the  Hon.  Thomas  S.  Grimke. 

WASHINGTON  CITY,  June  14,  1831. 

Gentlemen, — It  would  afford  me  much  pleasure,  could  I  at  the  same 
time  accept  your  invitation  of  the  5th  instant  and  that  with  which  I  was 
before  honored  by  the  municipal  authorities  of  Charleston.  A  neces 
sary  attention  to  the  duties  of  my  office  must  deprive  me  of  the  gratifi 
cation  I  should  have  had  in  paying,  under  such  circumstances,  a  visit  to 
the  State  of  which  I  feel  a  pride  in  calling  myself  a  citizen  by  birth 

Could  I  accept  your  invitation,  it  would  be  with  the  hope  that  all 
parties — all  the  men  of  talent,  exalted  patriotism,  and  private  worth, 
who  have  been  divided  in  the  manner  you  describe,  might  be  found 
united  before  the  altar  of  their  country  on  the  day  set  apart  for  the 
solemn  celebration  of  its  independence — independence  which  cannot 
exist  without  Union,  and  with  it  is  eternal. 


UNION  PARTY  CELEBRATE.  47 

Every  enlightened  citizen  must  know  that  a  separation,  could  it  be 
effected,  would  begin  with  civil  discord,  and  end  in  colonial  dependence 
on  a  foreign  power,  and  obliteration  from  the  list  of  nations.  But  he 
should  also  see  that  high  and  sacred  duties  which  must  and  will,  at  all 
hazards,  be  performed,  present  an  insurmountable  barrier  to  the  success 
of  any  plan  of  disorganization,  by  whatever  patriotic  name  it  may  be 
decorated,  or  whatever  high  feelings  may  be  arrayed  for  its  support. 
The  force  of  these  evident  truths,  the  effect  they  must  ultimately  have 
upon  the  minds  of  those  who  seem  for  a  moment  to  have  disregarded 
them,  make  me  cherish  the  belief  I  have  expressed,  that  could  I  have 
been  present  at  your  celebration,  I  should  have  found  all  parties  con 
curring  to  promote  the  object  of  your  association.  You  have  distinctly 
expressed  that  object — "  to  revive  in  its  full  force  the  benign  spirit  of 
Union,  and  to  renew  the  mutual  confidence  in  each  other's  good  will 
and  patriotism."  Such  endeavors,  calmly  and  firmly  persevered  in,  can 
not  fail  of  success.  Such  sentiments  are  appropriate  to  the  celebration 
of  that  high  festival  which  commemorates  the  simultaneous  declaration 
of  Union  and  Independence — and  when  on  the  return  of  that  day,  we 
annually  renew  the  pledge  that  our  heroic  fathers  made  of  life,  of  for 
tune,  and  of  sacred  honor,  let  us  never  forget  that  it  was  given  to  sus 
tain  us  a  United,  not  less  than  an  Independent  people. 

Knowing  as  I  do,  the  private  worth  and  public  virtues  of  distin 
guished  citizens  to  whom  declarations  inconsistent  with  an  attachment 
to  the  Union  have  been  ascribed,  I  cannot  but  hope  that,  if  accurately 
reported,  they  were  the  effect  of  momentary  excitement,  not  deliberate 
design ;  and  that  such  men  can  never  have  formed  the  project  of  pursu 
ing  a  course  of  redress  through  any  other  than  constitutional  means; 
but  if  I  am  mistaken  in  this  charitable  hope,  then  in  the  language  of  the 
father  of  our  country,  I  would  conjure  them  to  estimate  properly  "the 
immense  value  of  your  national  Union  to  your  collective  and  individual 
happiness";  to  cherish  "  a  cordial,  habitual,  and  immovable  attachment 
to  it;  accustoming  yourselves  to  think  and  speak  of  it  as  of  the  palla 
dium  of  your  political  safety  and  prosperity,  watching  for  its  preserva 
tion  with  jealous  anxiety ;  discountenancing  whatever  may  suggest,  even 
a  suspicion,  that  it  can,  in  any  event,  be  abandoned;  and  indignantly 
frowning  upon  the  first  dawning  of  every  attempt  to  alienate  any  por 
tion  of  our  country  from  the  rest,  or  to  enfeeble  the  sacred  ties  which 
now  link  together  the  various  parts." 

Your  patriotic  endeavors,  gentlemen,  to  lessen  the  violence  of  party 
dissension  cannot  be  forwarded  more  effectually  than  by  inculcating  a 
reliance  on  the  justice  of  our  National  Councils,  and  pointing  to  the  fast 
approaching  extinction  of  the  public  debt,  as  an  event  which  must  nec 
essarily  produce  modifications  in  the  revenue  system,  by  which  all  in 
terests,  under  a  spirit  of  mutual  accommodation  and  concession,  will  be 
probably  protected. 


48  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

The  grave  subjects  introduced  in  your  letter  of  invitation  have  drawn 
from  me  the  frank  exposition  of  opinions  which  I  have  neither  interest 
nor  inclination  to  conceal. 

Grateful  for  the  kindness  you  have  personally  expressed,  I  renew  my 
expressions  of  regret  that  it  is  not  in  my  power  to  accept  your  kind  in 
vitation,  and  have  the  honor  to  be,  with  great  respect,  your  obedient  and 
humble  servant, 

(Signed)  ANDREW  JACKSON. 

To  JOHN  STONEY  and  others,  Committee  of  Arrangements. 

SPEECH  OF  THE  HON.  T.  R.  MITCHELL. 
Dr.  William  Read,  the  first  vice-president,  gave  the  following : 

"  The  Hon.  Thomas  R.  Mitchell :  The  uniform  and  consistent  advocate 
both  of  State  Rights  and  of  the  integrity  of  the  Union." 

To  which  Mr.  Mitchell  made  the  following  reply,  during  which  he  was 
frequently  interrupted  by  highly  approving  acclamation. 

Mr.  President  and  Gentlemen, — I  know  not  how  to  thank  you  for  the  kind 
sentiment  which  you  have  just  expressed.  The  approbation  of  so  large 
a  portion  of  my  fellow-citizens  of  Charleston,  the  great  capital  of  the 
South  and  of  our  beloved  South  Carolina,  is  a  boon  given  by  your  kind 
ness,  not  due  to  my  merit. 

When  I  look  around  me  and  consider  those  who  compose  this  meeting 
and  its  objects,  I  am  overwhelmed  with  sadness  and  with  joy — with  sad 
ness  at  the  occasion  of  the  meeting,  the  distractions  of  our  once  united 
and  harmonious  State ;  with  joy  at  beholding  such  an  assemblage  of  in 
telligence,  of  virtue,  of  firmness,  and  of  patriotism.  We  have  truly  met 
under  the  most  interesting  circumstances:  not  only  to  celebrate  the 
most  sublime  and  momentous  event  of  our  history,  the  Declaration  of 
Independence,  but  to  declare  before  God  and  our  country,  that  we  and 
ours  will  maintain,  to  the  utmost  of  our  power,  the  Union  of  the  States, 
the  Constitutions  of  the  United  States  and  that  of  our  own  beloved  State, 
in  their  perfect  integrity.  These  are  the  objects  of  our  meeting;  these 
form  the  bond  of  our  Union.  Differing,  as  many  of  us  do,  on  important 
points  of  policy  and  constitutional  construction,  the  magnitude  of  these 
objects  is  paramount  to  them  all — suppresses  every  discordant  senti 
ment,  and  unites  us  as  a  band  of  brothers  by  ties  stronger  than  those  of 
blood. 

We  have  been  charged;  and  it  has  often  been  repeated,  with  harbor 
ing  imaginary  fears  on  these  subjects.  Imaginary  fears!  When  we 
have  been  gravely  told  by  a  high  dignitary  of  the  State,  on  a  most  sol 
emn  occasion,  that  it  is  time  to  calculate  the  costs  of  the  Union  !  When 
the  Hartford  Convention,  the  only  blot  in  our  history,  and  which  has 
hitherto  called  forth  the  execration  of  every  Carolinian,  is  held  up  to  the 
people  as  an  example  for  their  imitation  and  emulation !  When  one  of 


UNION  PARTY  CELEBRATE.  49 

our  representatives,  in  and  out  of  Congress,  in  the  back  country  and 
the  low  country,  has  been  endeavoring  by  misstatements  and  sophisms,  to 
prove  the  utter  incompatibility  of  the  interests  of  the  North  and  South; 
to  disaffect  our  people  towards  the  general  government,  and  to  present 
in  the  most  deceptive  colors  the  advantages  of  a  separation  of  our  State 
from  the  confederacy  !  When  the  general  government  has  been  called, 
in  an  official  communication  by  the  highest  authority  of  the  State,  a 
foreign  government!  Finally,  when  we  daily  and  hourly  hear  the  raven 
sounds  of  disunion  and  civil  war  rung  in  our  ears  in  changes  on  the 
word  nullification.  Are  not  these  signs? — signs,  not  of  political  peril, 
not  of  the  destruction  of  our  constitutions  of  government,  not  of  the 
conflagration  of  our  towns  and  of  the  devastation  of  our  fields — for, 
could  we  suppose  that  these  misguided  people  had  the  will,  they  surely 
have  not  the  power  to  effect  their  objects ;  but  sure  and  veritable  signs 
of  the  loss  by  our  State  of  the  sympathy  and  good  will  of  the  rest  of  the 
Union,  more  especially  that  of  the  South ;  of  her  degradation  to  the  low 
estate  of  Massachusetts,  when,  under  a  similar  influence,  she  refused  to 
muster  her  militia  at  the  call  of  the  President,  and  convened  her  Hart' 
ford  Convention.  And  signs  of  the  fall  of  our  State  from  that  high  and 
prominent  stand  in  the  confederacy  which  she  once  held,  when  her  sons 
gave  proof  of  the  utter  nothingness  of  wealth  and  numbers,  when  op 
posed  to  virtue  and  talent;  when,  though  small  in  representation  and 
still  smaller  in  physical  force,  she  stood  in  the  National  Councils  in 
point  of  influence  equal  to  Virginia  and  superior  to  New  York.  Oh,  had 
you  witnessed  the  noble  bearing  of  our  little  State  in  the  government  at 
Washington  when  her  chosen  son,  William  Lowndes,  guided  and  gov 
erned  her  councils.  William  Lowndes !  Name  most  cherished,  most 
dear  to  every  Carolinian.  Spotless  patriot !  In  thee  we  beheld  the  rare 
rivalry  between  goodness  and  greatness.  These  are  the  effects  of  what 
has  been  miscalled  the  Carolina  doctrines — as  the  pernicious  theory  of 
Henry  Clay  has  been  called  the  American  system — when  it  is  well 
known  that  before  its  adoption  freedom  was  the  living  principle  of  our 
commercial  policy.  Where  and  by  whom  have  these  doctrines  been  re 
cognized  and  adopted?  By  Georgia?  No;  she  has  solemnly  disclaimed 
them.  By  North  Carolina?  Her  legislature  has  put  them  down  by  a 
vote  of  5  to  1.  By  Alabama — a  cotton  State,  and  the  youngest  of  the 
Southern  sisterhood?  They  have  shared  there  a  like  fate.  By  Virginia, 
the  leading  State  of  this  great  Southern  equinoctial  region— the  land 
of  genius  and  liberty— the  first  and  most  strenuous  advocate  of  State 
Rights?  No;  her  legislature  has  passed  them  by  with  studied  neglect, 
while  she  has  not  a  newspaper  of  any  character  which  is  not  levelled 
against  them.  Where  then  and  by  whom,  I  ask,  have  they  been  recog 
nized  and  adopted?  Shall  I  say  by  the  one-half  of  our  people?  If  I 
were  to  tell  you  that  they  were  recognized  by  the  one-fourth  or  the  one- 
4 


50  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

twentieth  of  our  population,  you  would  charge  me  with  exaggeration. 
I  sincerely  and  honestly  believe — and  this  belief  is  founded  on  laborious 
researches,  extended  as  far  as  I  could — that  if  the  nature  and  tendency 
of  these  doctrines  were  fully  explained  and  developed  to  all  the  people, 
that  its  advocates  would  in  a  very  short  time  be  reduced  to  a  handful  of 
factious  and  disorganizing  politicians. 

Do  not  mistake  me  when  I  speak  thus  of  the  Carolina  doctrines.  I 
am,  and  have  ever  been,  through  good  report  and  through  evil  report, 
without  change  or  deviation,  openly  and  above-board,  an  advocate  of 
State  Kights  as  understood  and  explained  by  Jefferson  and  Madison.  I 
was  proud  to  be  an  humble  disciple  in  that  school  when  the  majority  of 
the  delegation,  with  which  I  then  served,  denounced  them  as  radical; 
and  Calhoun  and  M'Duffie  stigmatised  them  as  the  worst  and  most 
stupid  of  all  heresies.  But  the  faith  of  the  Christian  is  not  more  differ 
ent  from  that  of  the  Turk  than  the  doctrine  of  State  Eights  is  different 
•from  that  of  the  Carolina,  as  it  is  termed.  The  doctrine  of  State  Eights 
opposes  only  the  abuses  of  the  Constitution ;  the  Carolina  doctrine  op 
poses  the  Constitution  itself.  The  doctrine  of  State  Eights  considers 
the  Constitution,  when  administered  according  to  its  legitimate  end  and 
design,  as  the  best  of  all  governments.  The  Carolina  doctrine  con 
siders  the  Constitution  under  any  circumstances  as  the  worst,  and  sneers 
at  it  as  a  mongrel — half  horse,  half  alligator — half  national,  half  Federal. 
The  doctrine  of  State  Eights  considers  the  action  of  the  Constitution  on 
the  people  of  the  States  as  a  new  and  beautiful  idea — as  one  of  the  great 
inventions  and  improvements  of  the  eighteenth  century.  The  Carolina 
doctrine  considers  this  action  as  a  fungus,  as  an  excrescence,  and  in  all 
its  reasonings  and  conclusions,  places  the  State  in  the  same  attitude  in 
wrhich  she  stood  under  the  articles  of  the  old  Confederation.  "Were  I  to 
be  asked  what  is  necessary  for  the  preservation  of  State  Eights,  I  should 
say  a  strict  and  literal  interpretation  of  the  Constitution.  State  Eights 
admit  of  no  constructive  powers  but  what  are  essentially  necessary  to 
the  execution  of  the  enumerated  powers — and  the  word  necessary  is  here 
understood  in  a  strict  philosophical  sense — while  the  Carolina  doctrine, 
to  sustain  its  favorite  theory  of  nullification,  is  compelled  to  resort  to  a 
latitude  of  construction  which  will  make  any  and  every  thing  of  the  Con 
stitution.  Can  this  new  light  then  be  true  light  ?  The  doctrine  of  State 
Eights  is  as  old  as  the  Constitution  itself.  It  was  the  foundation  of  the 
first  division  of  parties.  It  has  been  investigated,  analyzed,  and  dis 
cussed  by  patriots  of  transcendant  minds  who  revered  State  sovereignty 
as  the  palladium  of  liberty  and  property.  Yet  who  among  them  ever 
imagined,  much  less  affirmed,  that  a  State  had  a  right  to  put  her  veto 
on  the  proceedings  of  the  general  government.  This  discovery  was  re 
served  for  Mr.  Calhoun,  who,  his  most  consistent  friend,  M'Duffie,  has  pro 
claimed  to  be  the  father  of  the  great  system  of  internal  improvement ; 


UNION  PARTY  CELEBRATE.  51 

and  who,  when  at  the  head  of  the  War  Department  and  in  expectation  of 
the  Presidency,  was  the  zealous  and  uncompromising  advocate  of  high 
taxes,  conscription,  and  the  most  lavish  expenditure  of  the  people's 
money.  But  I  will  tire  you  no  longer  with  a  discussion  so  dry. 
Brothers  of  South  Carolina,  supporters  of  the  Constitution,  under  the 
banner  of  the  thirteen  stripes,  the  sacred  emblem  of  the  Union  of  the 
twenty-four  States,  which  waved  triumphantly  over  Washington  in  our 
war  for  political  independence,  and  over  Jackson  in  our  war  for  com 
mercial  independence — under  those  glorious  stripes,  which  have  been  to 
our  country,  by  sea  and  by  land,  a  cloud  by  day  and  a  pillar  of  fire  by 
night — under  those  glorious  stripes,  whose  political  influence  is  now 
operating  on  the  continent  of  Europe  from  the  Borysthenes  to  the  Medi 
terranean — under  those  sacred  stripes  which  floated  over  the  dead  and 
mangled  bodies  of  our  fathers  of  the  Eevolution  we  are  celebrating  the 
Fourth  of  July.  What  sentiment,  in  accordance  with  this  scene,  and 
with  the  feelings  it  calls  forth,  can  I  better  give  than  the  following : 

"  The  Union — The  Constitution — Liberty :  The  true  and  natural  order 
of  things — for  without  the  Union  we  can  have  no  Constitution,  and 
without  the  Constitution  no  Liberty." 

SPEECH  OF  HUGH  S.  LEGARE,  ESQ. 

The  Hon.  Thomas  Lee  offered  the  following  volunteer  toast: 

"Hugh  S.  Legare:  An  enlightened  jurist  and  sound  constitutional 
lawyer — a  friend  to  the  Union,  and  an  able  and  efficient  advocate  of 
State  Eights." 

On  which  Mr.  Legare  rose  and  addressed  the  meeting  in  the  sub 
joined  admirable  speech: 

Mr.  Legare  said  he  was  obliged  to  the  meeting  for  the  opportunity 
offered  him,  according  to  an  established  usage,  of  saying  what  he 
thought  and  felt  upon  the  momentous  occasion,  for  so  it  seemed  to 
him,  that  had  brought  them  together,  and  would  gladly  avail  himself 
of  it  to  speak  very  much  at  length,  were  it  not  physically  impossible  to 
make  himself  heard  in  so  vast  an  assemblage.  lie  thought  it  due  to 
himself  and  to  those  who  were  cf  the  same  way  of  thinking,  that  their 
sentiments  should  be  fairly  and  fully  expressed — for  he  had  no  doubt 
that  they  were  such  as  would  meet  the  hearty  concurrence  of  a  great 
majority  of  the  people  of  South  Carolina.  He  felt  the  less  regret,  how 
ever,  at  the  self-denial  he  was  obliged  to  practice,  because  the  able 
speech  of  the  orator  of  the  day  had  maintained  the  doctrines  which  he 
(Mr.  L.)  professed,  and  for  which,  as  the  representative  of  the  people  of 
Charleston,  he  had  strenuously,  and  he  flattered  himself,  not  unsuccess 
fully,  contended  in  the  Legislature  of  the  State  during  several  succes 
sive  sessions.  These  doctrines  they  had  heard  expounded  and  enforced 
that  morning  by  a  man  and  in  a  manner  worthy  of  the  proudest  days  of 


52  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

this  proud  city,  nor  did  he  think  that  any  one  could  have  listened  to 
that  discourse  without  being  the  wiser  and  better  for  it. 

It  has  been  frequently  thrown  out  of  late,  in  the  language  of  com 
plaint  and  censure,  said  Mr.  L.,  and  on  a  recent  occasion,  very  emphati 
cally,  by  a  gentleman  for  whom  on  every  account,  I  entertain  the 
profoundest  respect,  that  there  is  a  certain  party  among  us  who  seem 
much  more  intent  upon  ''correcting  the  errors  of  some  of  our  states 
men"  (as  they  are  said  mode&fly  to  express  it)  than  upon  putting  their 
shoulders  to  the  wheel  along  with  the  rest  of  their  fellow-citizens,  in  an 
honest  and  manly  effort  to  relieve  the  State  from  the  burthens  under 
which  it  is  thought  to  be  sinking — in  plain  English,  that  their  pretended 
hostility  to  the  tariff  acts  is  all  a  sham.  Sir,  this  would  be  a  severe  re 
buke,  if  it  were  deserved.  I,  for  one,  should  be  very  sorry  to  think  that 
the  part  I  am  taking  in  the  proceedings  of  this  day  were  open  to  that 
construction.  God  knows  it  was  with  extreme  reluctance  that  I  made 
up  my  mind  to  take  this  step.  But  what  was  I  to  do  ?  "What  alterna 
tive  has  been  left  us  by  those  who  have  the  constructive  majority  of  the 
State,  that  is  to  say,  the  majority  of  the  Legislature  at  their  back  ? 
They  have  chosen  to  narrow  down  the  whole  controversy  concerning  the 
American  system  to  a  single  point.  They  have  set  up  an  issue  and 
demand  a  categorical  expression  of  opinion  upon  the  expediency  of 
immediately  interposing  the  sovereign  power  of  the  State,  to  prevent 
the  execution  of  the  tariff  law.  That  is  to  say,  according  to  Mr.  M'Duf- 
fie's  reading  (the  only  sensible  reading)  of  that  rather  ambiguous  phrase, 
to  raise  the  standard  of  the  State,  and  to  summon  her  subjects,  by  the 
allegiance  which  they  owe  to  her,  to  gather  around  it  in  order  to  resist 
a  law  of  Congress.  Sir,  if  I  do  not  misunderstand  all  that  we  have  re 
cently  heard  from  men  in  high  places  (and  if  I  do  misunderstand  them, 
it  is  not  because  I  have  not  most  anxiously  and  patiently  examined 
whatever  they  have  said  and  done),  this,  and  this  alone,  is  the  question 
now  before  us.  In  such  a  question  all  minor  considerations  are  swal 
lowed  up  and  lost.  Upon  such  a  question,  no  man  can,  or  ought  to  be — 
no  man  in  the  face  of  a  community,  excited  and  divided  as  this  is,  dare 
be  neutral.  It  is  propounded  to  us  after  the  fashion  of  the  old  Roman 
Senate :  You  who  think  thus,  go  thither — you  who  are  of  any  other  opinion 
stay  here.  The  country  calls  upon  every  individual,  however  humble  he 
may  be,  to  take  his  post  in  this  mighty  conflict.  Sir,  I  obey  that  para 
mount  command,  and  be  it  for  weal,  or  be  it  for  woe,  be  it  for  glory,  or 
be  it  for  shame,  for  life  and  for  death,  here  I  am. 

But,  sir,  I  repeat  it,  I  should  most  deeply  regret  that  what  we  are 
now  doing  should  be  thought  to  give  any  countenance  to  any  part  of 
the  "American  system."  It  is  known,  I  believe,  to  everybody  present, 
from  various  publications  which  have  been  long  before  the  community, 
that  I  think  that  system  unconstitutional,  unjust  and  inexpedient.  This 


UNION  PARTY  CELEBRATE.  53 

Opinion  I  did  not  take  up  hastily — for  with  regard  to  the  tariff,  I,  in 
common  with  everybody  else  in  the  State,  once  thought  it  within  the 
competency  of  Congress.  But  more  mature  inquiry  has  resulted  in  a 
change  of  my  opinion  upon  that  subject,  and  although  I  dare  not  ex 
press  myself  so  confidently  in  respect  to  it  as  it  is  the  habit  of  the  times 
to  do,  I  must  be  permitted  to  say  that  I  am  more  and  more  strengthened 
in  that  conviction  by  every  day's  experience  and  reflection.  Sir,  if  I 
had  any  doubt  about  the  matter,  the  proceedings  of  this  day  would  be 
sufficient  to  dispel  it.  It  is  melancholy  to  think  of  the  change  which  has 
been  made  in  the  feelings  and  opinions  of  some  of  the  best  and  ablest 
men  among  us,  by  this  pernicious  system — to  reflect  that  alienation  and 
distrust,  nay,  in  some  instances,  perhaps,  that  wrath  and  hostility  now 
possess  those  bosoms  which  were  but  a  few  years  ago  warmed  with  the 
loftiest  and  the  holiest  enthusiasm  for  the  government  of  their  own  and 
their  fathers'  choice.  The  authors  of  this  policy  are  indirectly  responsi 
ble  for  this  deplorable  state  of  things,  and  for  all  the  consequences  that 
may  grow  out  of  it.  They  have  been  guilty  of  an  inexpiable  offence 
against  their  country.  They  found  us  a  united,  they  have  made  us  a 
distracted  people.  They  found  the  Union  of  these  States  an  object  of 
fervent  love  and  religious  veneration ;  they  have  made  even  its  utility 
a  subject  of  controversy  among  very  enlightened  men.  They  have 
brought  us  not  peace,  but  a  sword.  It  is  owing  to  this  policy  that  the 
government  has  to  bear  the  blame  of  whatever  evils  befall  the  people, 
from  natural  or  accidental  causes — that  whether  our  misfortunes  spring 
from  the  barrenness  of  the  earth,  or  the  inclemency  of  the  seasons,  or 
the  revolutions  of  commerce,  or  a  defective  system  of  domestic  and  rural 
economy — or,  in  short,  from  any  other  source,  they  are  all  indiscrimi 
nately  imputed  to  the  tariff.  The  decay  and  desolation  which  are  in 
vading  many  parts  of  the  lower  country — the  fall  in  the  price  of  our 
great  staple  commodity — the  comparative  unproductiveness  of  slave 
labor — are  confidently  declared  to  be  the  effects  of  this  odious  and  tyran 
nical  monopoly.  Sir,  firmly  convinced  as  I  am  that  there  is  no  sort  of 
connection  (or  an  exceedingly  slight  one)  between  these  unquestion 
able  facts  and  the  operation  of  the  tariff  law,  yet  I  do  not  wonder  at  the 
indignation  which  the  imposition  of  such  a  burthen  of  taxation  has  ex 
cited  in  our  people  in  the  present  unprosperous  state  of  their  affairs.  I 
have  sympathized  and  do  sympathize  with  them  too  deeply  to  rebuke 
them  for  their  feelings,  however  improper  I  deem  it  to  be  to  act  upon 
such  feelings,  as  recklessly  as  some  of  their  leaders  would  have  them  do. 
Sir,  it  is  not  only  as  a  Southern  man  that  I  protest  against  the  tariff 
law.  The  doctrine  of  free  trade  is  a  great  fundamental  doctrine  of  civ 
ilization.  The  world  must  come  to  it  at  last  if  the  visions  of  improve 
ment  in  which  we  love  to  indulge  are  ever  to  be  realized.  It  has  been 
justly  remarked  that  most  of  the  wars  which  have,  for  the  last  two  cen- 


54  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

turies,  desolated  Europe,  and  stained  the  land  and  sea  with  blood, 
originated  in  the  lust  of  colonial  empire  or  commercial  monopoly. 
Great  nations  cannot  be  held  together  under  a  united  government  by  any 
thing  short  of  despotic  power;  if  any  one  part  of  a  country  is  to  be  ar 
rayed  against  another  in  a  perpetual  scramble  for  privilege  and  protec 
tion,  under  any  system  of  protection,  they  must  fall  to  pieces,  and  if 
the  same  blind  selfishness  and  rapacity  animate  the  fragments  which 
had  occasioned  the  disunion  of  the  whole,  there  will  be  no  end  to  the 
strife  of  conflicting  interests.  When  you  add  to  the  calamities  of  public 
wars  and  civil  dissensions,  the  crimes  created  by  tyrannical  revenue 
laws,  and  the  bloody  penalties  necessary  to  enforce  them,  the  injustice 
done  to  many  branches  of  industry,  to  promote  the  success  of  others, 
the  pauperism,  the  misery,  the  discontent,  the  despair,  and  the  thousand 
social  disorders  which  such  a  violation  of  the  laws  of  nature  never  fails 
to  engender,  you  will  admit,  I  think,  that  the  cause  of  free  trade  is  the 
great  cause  of  human  improvement.  Sir,  I  can  never  sufficiently  de 
plore  the  infatuation  which  has  brought  such  a  scourge  upon  this 
favored  land — which  has  entailed,  so  to  speak,  the  curse  of  an  original 
sin  upon  a  new  world,  and  upon  the  continually  multiplying  millions 
that  are  to  inhabit  it.  Most  heartily  shall  I  co-operate  in  any  measure, 
not  revolutionary,  to  do  away  with  the  system  which  has  already  become 
a  fountain  of  bitter  waters  to  us — which  threatens  to  become  to  another 
generation  a  source  of  blood  and  tears — and  I  heartily  rejoice  at  the 
dawn,  of  hope  which  has  opened  upon  us  in  the  proposed  convention  at 
Philadelphia.  Not  that  I  am  sanguine  as  to  the  immediate  results  of 
such  a  meeting;  but  if  it  be  filled,  as  it  ought  to  be,  with  leading  and 
enlightened  men  from  all  parts  of  the  country,  which  think  as  we  do 
upon  this  great  subject,  it  will  awaken  the  attention  of  the  people,  it 
will  lead  to  general  discussion,  it  will  give  scope,  if  I  may  so  express  it, 
for  the  operation  of  those  momentous  truths  on  which  we  rely,  and  I 
cannot,  and  will  not  despair  of  the  Republic,  as  it  came  down  to  us  from 
the  most  venerable  band  of  sages  and  heroes  that  ever  laid  the  founda 
tion  of  a  great  empire,  until  I  become  satisfied  by  much  better  evidence 
than  any  I  have  yet  seen,  that  it  is  in  vain  to  appeal  to  the  good  sense 
and  kindly  feelings  of  the  American  people.  Meanwhile,  to  the  measure 
which  is  now  under  consideration,  and  which,  by  whatever  name  it 
may  be  called,  is,  in  my  opinion,  essentially  revolutionary,  I  am,  as  I 
ever  have  been,  decidedly  opposed.  I  regarded  it,  when  it  was  first 
mentioned  in  1828,  as  an  ill-omened  and  disastrous  project — calculated 
to  divide  us  among  ourselves,  to  alienate  from  us  the  minds  of  our  nat 
ural  allies  in  such  a  struggle,  the  agricultural  States  in  our  neighbor 
hood,  and  to  involve  us  in  difficulties  from  which  we  should  not  be  able 
to  retreat  without  dishonor,  and  in  which  we  could  not  persevere  with 
out  inevitable  and  irretrievable  ruin — I  might  have  been  wrong,  but  I 


tJNION  PARTY  CELEBRATE.  65 

acted  upon  deep  and  solemn  conviction,  and  I  thank  God,  from  the  bot 
tom  of  my  heart,  for  being  permitted  to  indulge  in  the  consoling  per 
suasion,  that  my  humble  labors  on  that  memorable  occasion  did  con 
tribute  in  some  degree  to  avert  these  calamities. 

Sir,  this  is  no  occasion  for  going  into  a  detailed  analysis  of  the  doc 
trine  of  nullification,  a  doctrine  which,  as  taught  in  The  Exposition, 
I  undertake  to  say,  involves  just  as  many  paradoxes  and  contradictions 
as  there  are  topies  relied  on  to  maintain  it — but  I  cannot  refrain  from 
presenting  a  single  view  of  it,  which  is  of  itself  entirely  conclusive.  You 
will  observe,  Mr.  President,  that  the  difference  between  us  and  the  ad 
vocates  of  this  doctrine,  is  not  as  to  the  question  how  far  a  State  is 
bound  to  acquiesce  in  an  unconstitutional  act  of  Congress ;  or  (which 
is  the  same  thing)  how  far  it  has  a  right  "  to  interpose  to  arrest  the  pro 
gress  "of  such  legislation.  We  admit  this  right  in  the  most  unquali 
fied  manner;  for  if  the  law  be  unconstitutional,  it  is  no  law  at  all.  So 
far  there  is  no  difference  and  can  be  no  difference  between  us.  The 
question  is  not  as  to  the  right,  nor  even  as  to  the  remedy,  but  as  to 
what  shall  ensue  upon  the  exercise  of  the  right,  or  the  application  of  the 
remedy.  The  advocates  of  nullification  insist  upon  it,  that  the  interfer 
ence  of  the  States  in  such  a  case  would  be  a  peaceful  act — we  say  it 
would  be,  even  upon  their  own  showing,  an  act  of  war — a  revolutionary 
measure — a  remedy  derived  from  a  source  above  all  law,  and  an  au 
thority  which  bows  to  no  arbiter  but  the  sword — and  this  is  susceptible 
of  as  rigorous  demonstration  as  any  point  within  the  whole  compass  of 
public  law. 

For  the  sake  of  argument,  I  concede  all  that  the  most  extravagant 
writers  in  our  newspapers  have  ever  assumed,  and  a  great  deal  more 
than  the  most  able  of  them  can  prove — I  will  grant  that  the  government 
of  the  United  States  is  no  government  at  all — that  it  is  not  only  a  com 
pact  between  independent  States,  but  that  it  is  a  compact  of  no  peculiar 
solemnity  or  efficacy — conveying  no  powers  not  usually  granted  by  in 
ternational  treaties,  establishing  no  intimate  relations  between  the  dif 
ferent  parts  of  the  country,  not  subjecting  the  citizen,  in  the  least,  to 
the  jurisdiction  of  the  federal  courts,  not  binding  upon  his  conscience, 
not  imposing  upon  him  the  obligations  of  allegiance,  not  making  him 
liable  in  any  case  to  the  penalties  of  treason.  I  will  put  the  case  as 
strongly  as  possible  for  the  advocates  of  the  doctrine.  I  will  suppose 
that  this  constitution,  of  which  we  have  been  boasting  so  much  for  near 
half  a  century,  is  found  out  to  be  a  league  between  foreign  powers,  and 
that  every  question  that  can  arise  under  it,  is  in  the  strictest  sense  of 
the  word,  a  merely  political  question.  What  then,  sir?  Did  you  ever 
hear  of  one  party  to  a  league  having  a  right— not  to  judge  for  himself 
of  its  meaning,  mark  the  distinction ;  but  to  bind  the  other  party  by 
his  judgment?  I  admit  that  there  is  no  common  arbiter— that  each  of 


56  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

the  parties  is  to  judge  for  himself — does  that  mean  that  he  shall  judge 
for  the  others,  too  ?  A  compact  between  States  is  as  binding  as  a  com 
pact  between  individuals— it  creates  what  is  called  by  text  writers  "  a 
perfect  obligation  " — there  is  no  doubt  but  that  a  sovereignty  is  obliged 
before  God  and  man  scrupulously  to  fulfil  the  conditions  of  its  agree 
ments.  But  sovereignties  with  regard  to  each  other  are  in  a  state  of 
nature — they  have  no  common  superior  to  enforce  compliance  with 
their  covenants;  and  if  any  difference  arise  as  to  their  rights  and  lia 
bilities  under  them,  what  says  the  law  of  nature  and  nations  ?  Why 
what  can  it  say,  but  that  each  shall  do  as  he  pleases — or  that  force  shall 
decide  the  controversy?  Is  there  any  imaginable  alternative  between 
the  law  and  the  sword,  between  the  judgment  of  some  regularly  con 
stituted  umpire,  chosen  beforehand  by  the  common  consent  of  the  con 
tracting  parties,  and  the  ultima  ratio  regum?  Sir,  we  have  been  told 
that  State  sovereignty  is  and  ought  to  be  governed  by  nothing  but  its 
own  "feelings  of  honorable  justice" — it  comes  up  in  the  declamation  of 
the  day,  to  the  description  of  that  irrascible,  imperious  and  reckless 
hero,  whose  wrath  and  the  woes  it  brought  upon  his  country  are  an 
admirable  theme  for  an  epic  or  a  tragic  song,  but  would  not,  I  suppose, 
be  recommended  as  the  very  highest  of  all  possible  examples  in  morality. 

Impiger,  iracundus,  inexorabilis,  acer 

Jura  negat  sibi  nata,  mini  non  arrogat  armis. 

Yet  strange  to  say,  the  very  men  who  paint  to  us  the  sovereignty  of  the 
States  in  such  colors,  and  would  cavil  about  the  ninth  part  of  a  hair 
where  their  own  rights  and  interests  are  concerned,  forget  entirely  that 
there  are  any  other  parties  to  the  compact  but  South  Carolina,  or  that 
those  parties  have  any  rights  to  exercise,  or  any  interests  to  maintain  ! 
"We  have  a  right  to  judge  for  ourselves,"  say  they,  "  how  far  we  are 
bound  by  the  Constitution,  or  how  far  we  shall  comply  with  it."  Grant 
it.  But  what  of  the  other  twenty-three  parties?  Are  they  bound  by 
our  decision?  Shall  they  not  think  for  themselves,  because  we  say  that 
an  act,  which  they  have  all  declared  (or  the  great  majority  of  them)  to 
be  within  the  meaning  of  the  treaty  and  binding  upon  us,  is  not  so?  If 
our  opinion  is  just  we  are  not  bound.  Admit  it.  But  if  their's  is  just 
we  are  bound.  Now  the  whole  fallacy  of  the  argument  on  the  other 
side  consists  in  coolly  taking  for  granted  the  very  matter  in  dispute — in 
blotting  out  this  if—  in  denying  to  others  the  very  right  of  judging  which 
we  claim  for  ourselves — and  in  expecting  them,  exacting  it  of  them,  to 
act  upon  our  convictions  instead  of  their  own. 

Sir,  it  may  be  that  they  will  do  so.  Instances  upon  instances  have 
been  laboriously  compiled  of  late  by  a  writer  in  one  of  the  leading 
journals  of  the  country,  to  show  how  often  the  government  has  been 
forced,  right  or  wrong,  to  yield  to  the  resistance  of  the  States.  I  shall 


UNION  PARTY  CELEBRATE.  57 

say  nothing  of  these  examples — except  that  some  of  them  have  never 
been  mentioned  until  recently  but  with  scorn  and  indignation.  But  I 
maintain  that  not  one  of  them — no,  not  one — goes  to  show  that  the 
other  parties  to  the  compact  might  not,  if  they  had  been  so  minded, 
have  rightfully  insisted  upon  enforcing  their  construction  of  the  con 
tract,  I  will  only  remark  as  to  Georgia  and  the  Cherokees,  that  as  that 
State  was  clearly  right  in  her  pretensions  from  first  to  last,  so  she  main 
tained  her  rights  by  open  force,  and  made  no  scruple  about  professing 
to  do  so. 

Mr.  President,  the  argument  which  I  now  advance  is  too  clear  for 
controversy.  It  addresses  itself  to  the  common  sense  of  mankind,  and 
the  bare  stating  of  it  is  sufficient  to  show  how  incongruous  and  absurd 
the  doctrine  of  the  veto  is,  so  far  as  it  rests  upon  general  reasonings 
and  the  law  of  nature— the  only  law  acknowledged  by  sovereigns.  But 
if  any  authority  be  wanted  to  confirm  it,  then  is  abundance  of  it  at  hand. 
Look  into  the  writings  of  publicists — they  are  all  full  of  it.  By  the  estab 
lished  law  of  nations,  eacli  party  construes  a  treaty  for  itself;  but  then 
it  allows  the  other  to  do  the  same,  and  if  the  difference  between  them 
be  deemed  important  enougli  that  other  has  the  option  either  of  rescind 
ing  the  whole  treaty  (in  the  case  before  us,  putting  the  State  out  of  the 
Union,)  or  making  war  to  enforce  it.  "If  one  of  the  allies  fails  in  his 
engagements  (says  Vattel),  the  other  may  constrain  him  to  fulfil  them; 
this  is  the  right  derived  from  a  perfect  promise.  But  if  he  has  no  other 
way  but  that  of  arms  to  constrain  an  ally  to  keep  his  word,  it  is  some 
times  more  expedient  to  disengage  himself  from  his  promises  and  break 
the  treaty.  He  has  undoubtedly  a  right  to  do  this;  having  promised 
only  on  condition  that  his  ally  shall  accomplish  on  his  side  every  thing 
he  is  obliged  to  perform.  The  ally  offended  or  injured  in  what  relates 
to  the  treaty,  may  then  choose  either  to  oblige  the  perfidious  ally  to 
fulfil  his  engagements  or  declare  the  treaty  broken  by  the  violation."— 
Vatt.  Sec.  200.  This  civilian  then  proceeds  to  lay  down  the  rule  that  the 
violation  of  one  article  of  the  treaty  is  a  violation  of  the  whole.  He  admits 
that  it  ought  not  to  be  rashly  done,  and  says  that  the  sovereign  deeming 
himself  aggrieved  "  is  permitted  to  threaten  the  other  to  renounce  the 
entire  treaty — a  menace  that  may  be  lawfully  put  into  execution  if  it 
be  despised.  Such  is,  doubtless,  the  conduct  which  prudence,  modera 
tion,  the  love  of  peace  and  charity  would  commonly  prescribe  to 
nations.  AVho  will  deny  this,  and  madly  advance  that  sovereigns  are 
allowed  suddenly  to  have  recourse  to  arms  or  only  to  break  every  treaty 
of  alliance  for  the  least  subject  of  complaint?  But  the  case  here  is 
about  a  right,  and  not  about  the  steps  that  ought  to  be  taken  besides 
the  principle  upon  which  such  a  [contrary]  decision  is  founded,  is  abso 
lutely  unsupportable,"  &c.,  and  he  goes  on  to  demonstrate  this  more  at 
large.  He  quotes  Grotius  to  show  that  the  clause  is  sometimes  inserted, 


58  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

"  that  a  violation  of  some  one  of  the  articles  shall  not  break  the  whole  in 
order  that  one  of  the  parties  should  not  get  rid  of  the  engagement  on 
account  of  a  small  offense." — See  Sec.  202. 

Now  it  would  be  mere  cavilling  to  say  that  Vattel  allows  of  this  ap 
peal  to  arms  only  where  the  party  that  has  recourse  to  such  measures 
is,  in  fact,  injured;  for  the  question  recurs  who  is  to  judge  of  that? 
Each  party  judges  for  itself  at  its  peril,  and  war  alone  can  "arbitrate 
the  event,"  or  if  a  peaceful  course  be  preferred,  the  whole  compact  is  at 
an  end. 

Shall  I  be  told,  in  answer  to  this  reasoning  and  the  concurring  opin 
ions  of  all  publicists  of  respectability,  that  Mr.  Madison  and  Mr.  Jeffer 
son  did  not  think  so  in  '98  ?  Sir,  if  they  taught  any  other  doctrine,  I 
leave  it  to  those  who  have  better  understanding  than  mine,  to  explain 
what  they  meant.  But  if  it  be  affirmed  that  the  purport  of  their  resolu 
tions  was,  that  by  the  inherent  attribute  of  sovereignty,  any  single  party 
to  the  Federal  compact  may  interpose  in  order  to  prevent  the  execution 
of  a  law  passed  by  the  rest,  and  that  the  others  may  not  maintain  their 
construction  of  the  Constitution,  either  by  coercing  that  single  State 
into  acquiescence,  or  shutting  her  out  of  the  Union  altogether,  at  their 
option,  then  I  have  no  hesitation  in  declaring  it,  as  my*  opinion,  that 
they  advanced  a  proposition,  inconsistent  with  every  principle  of  public 
law,  without  a  shadow  of  foundation  in  the  Constitution  of  the  United 
States,  and  utterly  repugnant  to  the  common  sense  of  mankind.  And 
what,  if  they  did  advance  such  a  paradox,  so  novel,  so  singular,  so  in 
comprehensible  ?  Are  the  opinions  of  two  men — however  respectable 
and  distinguished — speculative  opinions,  too,  for  neither  Virginia  nor 
Kentucky  made  a  case  by  acting  upon  these  notions — are  the  adven 
turous  and  speculative  opinions  of  two  individuals,  conceived  and  put 
forth  in  a  time  of  great  excitement,  to  settle  the  public  law  of  this 
country,  every  thing  in  our  Constitution,  and  our  books,  and  our  com 
mon  sense  to  the  contrary,  notwithstanding  ?  Why,  sir,  even  under  the 
feudal  system — a  scheme  of  organized  anarchy,  if  I  may  use  the  ex 
pression — the  most  that  an  injured  feudatory  ever  claimed  was  the  right 
to  make  war  upon  his  lord,  who  denied  him  justice,  without  incurring  the 
penalties  of  treason.  But  it  was  reserved  for  the  nineteenth  century  to 
discover  that  great  secret  of  international  law  and  to  deduce  it,  too,  by 
abstract  reasoning,  upon  the  fitness  of  things — a  right  of  war  in  one 
party  out  of  twenty-four,  whenever  the  mood  prompts,  or  of  doing  what 
amounts  to  an  act  of  war,  accompanied  by  the  duty  of  implicit  acqui 
escence  in  all  the  rest !  But  the  truth  is,  that  neither  Mr.  Jefferson  nor 
Mr.  Madison  had  any  such  wild  and  chimerical  conceits ;  as,  I  think, 
perfectly  demonstrable  from  the  very  text  cited,  to  maintain  the  op 
posite  opinion. 

I  have  had  occasion,  frequently,  to  examine  this  subject,  and  I  speak 
with  confidence  upon  it.  And,  assuredly,  that  confidence  is  not  dimin- 


UNION  PARTY  CELEBRATE.  59 

ished  by  the  emphatic  declaration  of  Mr.  Madison  himself — by  the  con 
temporaneous  exposition  of  the  resolutions  in  the  Virginia  Assembly— 
by  the  disavowal  of  the  doctrine  by  all  the  leading  members  of  the  Dem 
ocratic  party,  with  Mr.  Livingston  at  their  head — and  by  the  unfeigned 
surprise  which  the  whole  country,  Virginia  and  Kentucky  included,  ex 
pressed  upon  the  first  propounding  of  this  extraordinary  proposition  in 
1823.  The  Virginia  resolutions  talk  of  the  right  to  interpose — do  they 
say  what  is  to  ensue  upon  the  exercise  of  that  right?  No,  sir,  they 
thought  that  intelligible  enough — they  were  asserting  no  more  than 
what  has  been  so  expressively  and  pointedly  designated  as  the  "right  to 
fight,"  and  they  meant,  if  they  meant  anything,  no  more  than  a  declara 
tion  of  opinion,  to  back  their  declarations  by  100,000  militia,  as  I  under 
stand  the  phrase  of  the  day  to  have  been.  This  is  the  plain  English  of 
the  matter — and  one  ground  of  objection  to  the  "Carolina  doctrine,"  as 
it  has  been  called  (though  I  doubt,  not  very  accurately),  is,  that  it  is  not 
in  plain  English — that  the  people  may  be  led  by  a  fatal  deception  to 
do  what  they  have  never  seriously  contemplated,  and  what  no  people 
ought  to  do,  without  a  solemn  self-examination  and  a  deliberate  view 
to  consequences. 

Sir,  we  have  heard  of  "  nursery  tales  of  raw  head  and  bloody  bones." 
I  am  sorry  that  such  an  expression  escaped  the  lips  of  the  distinguished 
person  who  uttered  it,  and  I  lament  still  more  that  he  gave  it  to  the 
world  in  print.  I  am  sure  when  he  comes  to  reconsider,  he  cannot 
approve  it — unless,  indeed,  he  means  to  declare  that  the  rest  of  the 
States  are  too  cowardly  or  too  feeble  even  to  attempt  to  enforce  their 
construction  of  the  compact.  This  may  be  so,  but  for  my  part,  I  cannot 
consent  to  act  upon  such  a  calculation.  If  we  do  what  we  firmly  believe 
it  is  oar  duty  to  do,  let  us  make  up  our  minds  to  meet  all  consequences. 
If  there  is  any  feature  of  the  American  Revolution  more  admirable  than 
another,  it  is  that  our  fathers  had  fully  counted  the  costs  before  they 
took  a  single  step.  The  leaders  of  the  people  were  at  great  pains  to 
inform  them  of  the  perils  and  privations  which  they  were  about  to 
encounter.  They  put  them  upon  their  guard  against  precipitate  deter 
minations.  They  impressed  it  upon  their  minds  that  a  period  was  at 
hand  which  called  for  "  patience  and  heroic  martyrdom  " — they  had  not 
as  yet  a  country  to  save,  or  a  government  worth  to  be  transmitted  to 
posterity,  or  how  much  more  anxious  would  their  deliberations  have 
been !  The  language  of  a  great,  popular  leader  at  Boston,  before  the 
first  overt  act  of  resistance,  has  made  a  deep  impression  upon  my  mind, 
and  deserves  to  be  repeated  here.  "  It  is  not  the  spirit  that  vapours 
within  these  walls  (said  Mr.  Quincy)  that  must  stand  us  instead.  The 
exertions  of  this  day  will  call  forth  events  which  will  make  a  very  dif 
ferent  spirit  necessary  for  our  salvation.  Look  to  the  end.  Whoever 
supposes  that  shouts  and  hosannas  will  terminate  the  trials  of  this  day 
entertains  a  childish  fancy.  We  must  be  grossly  ignorant  of  the  impor- 


60  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEH. 

tance  and  the  value  of  the  prize  we  are  contending  for;  we  must  be 
equally  ignorant  of  the  power  of  those  who  are  contending  against  us ; 
we  must  be  blind  to  that  malice,  inveteracy,  and  insatiable  revenge 
which  actuate  our  enemies,  to  hope  we  shall  end  this  controversy  without 
the  sharpest,  sharpest  conflicts ;  to  flatter  ourselves  that  popular  resolves, 
popular  harangues,  popular  acclamations  and  popular  vapour  will  van 
quish  our  foes.  Let  us  consider  the  issue.  Let  us  weigh  and  consider 
before  we  advance  to  those  measures  which  must  bring  on  the  most  try 
ing  and  terrible  struggle  this  country  ever  saw." 

To  this  complexion  it  must  come  at  last,  and  the  only  question  now 
submitted  to  the  people  of  South  Carolina  is,  Are  you  ready  to  absolve 
yourselves  from  your  allegiance  to  the  government  of  the  United  States, 
and  to  take  and  maintain  your  station  as  a  separate  commonwealth 
among  the  nations  of  the  earth? 

I  have  confined  myself,  in  the  discussion  of  this  subject,  to  a  single 
point  in  one  branch  of  it.  I  have  said  nothing  about  the  extent  of  our 
grievances,  so  enormously  exaggerated  by  the  Exposition.  Even  in 
regard  to  the  proposed  remedy  by  nullification,  I  have  chosen  to  take 
up  the  question  as  it  is  presented  by  the  warmest  advocates  of  that  doc 
trine — and  I  submit  that  I  have  made  it  plain  that,  even  on  their  own 
showing,  it  is  necessarily  an  act  of  war — a  revolutionary  measure.  But 
in  doing  so  I  have  conceded  a  great  deal  too  much — I  have  allowed 
them  to  treat  our  elaborate  and  peculiar  polity,  which  we  have  been 
taught  to  regard  as  one  of  the  master-pieces  of  human  invention — as  if 
it  were  the  coarsest  and  loosest  of  those  occasional  expedients  to  pre 
serve  peace  among  foreign  powers,  leagues,  offensive  and  defensive.  If 
their  argument  is  wholly  inconclusive,  and  indeed  manifestly  incon 
gruous  and  absurd  even  in  this  point  of  view,  what  shall  be  said  of  it 
when  it  is  thoroughly  and  critically  examined  with  reference  to  a  true 
state  of  the  case  ?  Sir,  I  have  no  language  to  express  my  astonishment 
that  such  a  doctrine  should  have  found  any  countenance  from  the  able 
and  enlightened  men  who  have  given  in  their  adhesion  to  it. 

AVe  have  been  taunted  as  submissionists — I  am  not  afraid  of  a  nick 
name — "  Tis  the  eye  of  childhood  that  fears  a  painted  devil."  It  would 
be  easy— very,  very  easy  to  retort — but  I  prefer  accepting  our  own 
denomination  and  putting  my  own  interpretation  upon  it.  I  give  you, 
sir — 

<;The  Submission  Men  of  South  Carolina: 

'They  dare  do  all  that  maj  become  a  man, 
Who  dares  do  more  is  none/  " 

SPEECH  OF  JAMES  L.  PETIGRU,  ESQ. 

By  James  Adger,  Esq.,  one  of  the  Vice-Presidents : 
"James  L.  Petigru :  Enlightened — able — faithful— fearless.  His  coun 
try  looks  to  him  in  the  hour  of  need — and  she  will  not  be  disappointed." 
This  toast  was  most  cordially  received. 


UNION  PARTY  CELEBRATE.  61 

Mr.  Petigru  rose  and  addressed  the  meeting  in  an  eloquent,  patriotic 
and  fearless  speech,  and  was  frequently  interrupted  by  the  cheering 
enthusiasm  of  the  company.  The  following  is  the  speech : 

Fellow-Citizens,— I  receive  with  deep  sensibility  this  expression  of 
your  approbation,  perfectly  conscious  that  the  sentiment  is  due  not  to 
any  merit  of  mine,  but  to  the  cause  in  which  I  am  devoutly  engaged 
with  so  many  better  and  abler  men.  In  defence  of  the  Uriion,  Constitu 
tion  and  Liberties  of  the  country,  my  fellow-citizens  may  indeed  count 
upon  me  to  the  full  measure  of  all  the  aid  that  I  can  bring.  I  will  be 
excused  for  saying  a  few  words  on  the  subjects  connected  with  our  party. 

To  love  our  country  in  the  most  extended  acceptation  of  the  word, 
and  to  honor  her  free  institutions,  was  till  very  lately  the  character  of 
every  one  aspiring  to  the  praise  of  a  good  citizen.  Those  institutions 
are  now  the  subjects  of  reproach  and  obloquy  to  that  degree  that  we 
are  from  certain  quarters  daily  urged  as  a  matter  of  duty  to  resist  the 
laws  of  the  Union. 

And  why  should  we  resist  ?  Because,  it  is  said,  that  the  tariff  of  pro 
tecting  duties  is  unconstitutional  and  ruinous  to  the  South.  These  are 
grave  charges;  but  we  ought  to  be  clear  in  our  own  minds  that  we  pro 
ceed  on  sure  grounds  before  we  take  a  step  by  which  we  put  at  stake 
our  honor  and  the  peace  and  happiness  of  our  country.  That  the  tariff 
of  protecting  duties  ought  never  to  have  been  passed— that  it  is  contrary 
to  the  spirit  of  amity  and  mutual  concession  in  which  the  Constitution 
was  conceived,  and  in  which  the  government  ought  to  be  executed,  I 
freely  admit— that  it  is  injurious  to  the  South  I  firmly  believe ;  but,  that 
it  is  unconstitutional,  I  wholly  deny;  and  that  it  is  ruinous  in  its  ope 
ration  on  the  South  is  no  more  than  a  rhetorical  nourish.  In  such  an 
address  a  very  brief  view  is  all  that  can  be  attempted. 

Passing  over  the  power  of  imposing  duties,  which  is  granted  exclu 
sively  to  Congress — though  I  never  can  concede  that  the  enumerated 
objects  of  this  power  refer  to  anything  more  than  the  purposes  to  which 
the  revenue  arising  from  these  duties  is  to  be  applied — or  that  Congress 
have  no  discretion  to  make  a  difference  between  the  objects  of  taxation 
on  account  of  the  resulting  and  incidental  effects  of  imposts  in  their 
operation  on  the  country,  I  will  place  the  question  on  the  power  to  reg 
ulate  commerce.  This  power  is  given  exclusively  and  absolutely.  Now, 
although  we  may  justly  condemn  the  mode  and  manner  in  which  it  has 
been  done,  all  my  dislike  to  the  measure  itself,  all  my  unfeigned  defer 
ence  for  the  opinions  of  some  who  think  differently,  cannot  shake  me 
in  declaring  as  my  settled  conviction  that  the  obnoxious  laws  are  to  all 
intents  and  purposes  regulations  of  commerce,  and  such  regulations, 
too,  as  all  commercial  nations  have  invariably  made.  Let  it  be  admitted 
that  these  regulations  were  made  expressly  with  a  view  to  their  effect 
on  manufactures.  The  resulting  and  incidental  effect  of  such  regula 
tions  is  within  the  discretion  of  Congress.  The  intent  of  commercial 


62  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

regulations  is  not  to  benefit  the  merchant  only,  but  to  consult  the 
interests  of  all,  and  the  lawgiver  must  take  into  consideration  the 
resulting  consequences  as  well  as  the  direct  effect  of  the  law.  Where 
there  is  discretion,  it  may,  from  the  nature  of  things,  it  must  be  fre 
quently  badly  exercised ;  and  in  the  late  .revenue  laws  I  firmly  believe 
that  it  has  been  much  abused.  But  take  away  the  supposed  inequality 
of  these  laws,  in  the  unequal  burthen  imposed  on  the  South,  and  the 
constitutional  objection  vanishes.  Suppose  the  benefits  of  them  to  be 
equally  felt  in  this  and  in  every  other  State,  and  it  is  incredible  that 
any  man  would  believe  they  were  not  within  the  province  of  the  general 
government. 

Then,  admitting  that  the  tariff  presses  unequally  on  the  States,  and 
imposes  a  greater  burthen  on  the  South  than  on  the  rest  of  the  country, 
will  this  prove  it  unconstitutional  ?  Such  a  state  of  things  is  highly 
improper;  but  the  constitutionality  of  a  law  cannot  possibly  be  deter 
mined  on  this  ground.  We  can  draw  no  other  line  than  the  Constitution 
has  drawn :  that  imposts  shall  be  equal  in  all  the  States,  and  no  prefe 
rence  given  to  the  ports  of  one  State  over  those  of  another.  If  from 
extrinsic  causes  some  States  pay  more  than  others,  or  pay  with  less  facil 
ity,  it  is  a  difficulty,  in  a  great  measure,  inseparable  from  the  nature  of 
the  thing ;  and  a  risk  of  which  our  forefathers  were  neither  ignorant  nor 
regardless  when  they  entered  into  the  Federal  compact.  While  we  take 
the  benefits  of  that  compact,  we  must  stand  to  its  terms  and  abide  by 
it  like  men.  I  have  great  repugnance  to  the  idea  of  construing  a  writ 
ten  instrument  one  way  to-day  and  another  way  to-morrow,  as  interest 
predominates.  The  construction,  I  maintain,  is  not  new;  it  is  the  same 
that  was  placed  on  the  instrument  by  those  who  made  it,  and  was  sanc 
tioned  again  and  again,  and  even  recently  by  the  voice  of  South  Caro 
lina.  It  is  certainly  an  unpleasant  thing,  after  giving  a  deliberate 
opinion  in  a  matter,  in  which  one  either  is  or  thinks  himself  disinter 
ested,  to  find  that  with  the  discovery  of  his  interest  comes  the  discovery 
of  new  light,  and  a  total  change  of  opinion.  Let  us  place  our  opposition 
on  the  true  ground,  on  the  excess  and  impolicy  of  the  protecting  duties, 
and  abide  by  our  bargain.  When  the  evil  becomes  enormous,  the  rem 
edy  lies  in  the  principle  of  self-preservation,  and  the  resort  to  revolu 
tionary  force. 

But  is  the  evil  of  that  magnitude  as  to  induce  us  to  give  up  all  the 
advantages  of  a  stable  government — all  the  ennobling  associations  of 
our  common  history,  and  the  endearing  ties  of  blood,  as  the  price  of 
relief  from  its  pressure  ?  On  this  point  I  appeal  with  confidence  to  the 
true  sons  of  America,  native  and  adopted.  They  will  not  weigh  their 
allegiance  against  dross,  nor  calculate  for  how  much  money  their  coun 
try  may  be  sold.  The  monstrous  exaggerations  of  the  State  Bights 
and  Free  Trade  Party  have  been  exposed  to-day  by  a  master's  hand. 


UNION  PARTY  CELEBRATE.  63 

Our  orator  has  abolished  the  flimsy  theory  of  nullification,  and  poured 
a  flood  of  light  on  the  mysterious  darkness  that  filled  the  land  of  the 
producer  with  baleful  images  of  ruin  and  tyranny,  and  boundless  exac 
tion.  I  rely  on  the  republican  virtue  of  our  countrymen.  Stripped  of 
the  prejudice  arising  from  the  supposed  unconstitutionality  of  the  mea 
sure,  notwithstanding  all  the  exaggeration  with  which  the  subject  has 
been  surrounded,  the  amount  of  the  protecting  duties  would  never  jus 
tify  in  their  hearts  the  contemplation  of  disunion  and  fratricidal  dis 
cord.  In  this  hope  I  shall  rely,  with  the  assurance  that  supported  our 
countrymen  in  the  darkest  day  of  our  history.  But  if  the  worst  must 
come,  if  this  Union,  formed  by  the  wisdom  and  cemented  by  the  blood  of 
the  patriots  of  the  Revolution,  must  be  torn  asunder,  and  its  fragments 
given  to  the  winds,  my  earnest  prayer  shall  be  that  before  the  fatal  day 
that  sees  America  a  divided  people,  I  may  sleep  in  the  silent  grave,  far 
from  "  the  dissonance  of  that  wild  rout  "  that  shall  announce  the  triumph 
of  misrule  and  the  downfall  of  my  country's  glory. 
Mr  P.,  being  called  upon  for  a  sentiment,  gave: 

"  The  Constitution  of  the  United  States :  May  it  continue  to  the  latest 
ages  a  monument  of  the  truth  that  mankind  are  capable  of  self-govern 
ment." 

SPEECH  OF  THE  HON.  DANIEL  ELLIOTT  HUGER. 

By  Dr.  James  Moultrie,  Jr.,  one  of  the  Vice-Presidents: 
"  The  Hon.  Daniel  Elliott  Iluger :  Honor  to  the  man,  and  success  to  the 
principles  of  him  who  seeks  to  save  the  State,  and  not  rule  it." 

In  this  toast  the  company  recognized  a  compliment  to  one  they  knew 
to  be  highly  deserving  of  it,  and  accordingly  it  was  received  with  the 
warmest  manifestations  of  their  approbation. 

General  Huger,  after  acknowledging  the  compliment  with  which  he 
had  been  honored,  said  : 

It  was  not  the  less  gratifying  that  I  am  obliged  to  attribute  it  to  your 
partiality  and  not  to  any  merits  of  my  own.  If,  gentlemen,  I  am  au 
thorized  to  claim  any  merit,  it  is  that  in  which  you  all  participate— the 
merit  of  loving  oar  country — our  whole  country— that  country  which 
the  fathers  of  American  liberty  and  independence  had  won  with  united 
swords,  and  cemented  into  one  people  with  their  united  blood.  It  is  the 
benefit  of  such  an  Union  we  have  been  called  upon  to  calculate.  We, 
gentlemen,  cannot  calculate  the  benefits  of  loving  our  country,  it  must 
be  left  to  such  as  are  more  cool,  more  dispassionate,  more  or  less  of  men 
than  we  are,  to  apply  the  rules  of  geometry  to  our  love  of  country ; 
nor  am  I  disposed  to  sympathize,  on  this  great  national  day,  with  such 
as  are  hunting  out  the  lines  which  once  divided  British  provinces,  but 
now  obliterated  with  the  blood  of  our  patriot  fathers,  in  the  hope  of  find 
ing  some  flaw  in  the  title  of  the  American  people  to  that  Union  which 
the  father  of  our  country  had  so  emphatically  recommended  to  us  as 


\. 


64  LIFE  AND  TIMES  OF  C.  G.  MElfmNGER. 

essential  to  the  existence  of  our  liberty  and  independence.  In  the 
earlier  days  of  the  Revolution,  these  lines  were  more  visible,  as  well  as 
those  nice  distinctions  between  British  power  and  American  rights;  but, 
as  the  Revolution  advanced,  these  differences  and  distinctions  faded, 
and  at  its  close,  when  that  proud  banner  (the  American  flag)  waved  over 
the  heads  of  the  conquerors  of  Europe,  and  more,  conquerors  over 
themselves,  no  other  claim  to  Union,  liberty  and  independence  was  pre 
tended,  than  the  will  of  our  fathers,  and  their  ability  to  enforce  that 
will. 

As  yet,  we  have  had  no  cause  to  resort  to  such  distinctions,  to  sustain 
our  rights  or  defend  the  honor  of  South  Carolina.  What  the  Constitu 
tion  of  our  common  country  will  not  afford,  the  Declaration  of  Indepen 
dence  will.  These  are  the  muniments  of  our  title  to  liberty  and  inde 
pendence,  and  by  these,  and  these  alone,  are  we  willing  to  be  governed. 
To  these  our  fathers  subscribed;  and  by  these  we  are  in  honor  bound. 
These,  too,  are  the  great  charters  of  this  great  confederated  republic. 
As  long  as  we  all — North,  South,  East  and  West — resort  to  these  com 
mon  sources  of  our  rights  and  faith,  we  shall  be  united  and  free;  but  if 
new  lights  are  followed,  if  schismatics  are  encouraged,  the  unity  of  our 
faith  must  be  destroyed,  and  all  the  confusion  and  evils  which  sectarian 
zeal  and  rage  have  produced  in  religion,  will  be  experienced  in  our 
political  concerns.  We  are  now  equal  with  all;  but  will  continue  so  no 
longer  than  our  great  charter  shall  be  preserved.  It  is  not  enough  that 
we  feel  inconveniences,  and  are  dissatisfied  with  the  measures  of  gov 
ernment,  to  authorize  its  destruction.  With  no  government  can  we 
be  always  satisfied,  as  long  as  we  are  free.  When  all  are  permitted  to 
think,  and  to  act  as  they  think,  differences  of  opinion  and  action  must 
follow.  For  this,  the  first  and  best  care  is  a  submission  to  a  majority 
of  the  people.  If  this  will  not  do,  republicanism  is  a  cruel  fallacy.  If 
the  minority  cannot  submit  to  a  majority,  by  whom  are  they  to  be  gov 
erned?  Themselves?  How?  Still  a  majority  must  govern,  or  all  must 
be  governed  by  a  despot.  There  are  evils  against  which  the  wisdom  of 
man  cannot  provide.  We  must  meet  them  when  they  come.  When 
this  or  any  other  government  shall  so  oppress  the  minority  as  to  render 
it  insupportable,  that  minority  must  break  off — but  this  will  be  an  evil, 
come  when  it  may.  No  people  yet  have  ever  changed  their  government 
by  virtue  of  their  sovereignty,  without  great  privations  and  sufferings. 
Let  the  Constitution  be  changed  in  the  mode  prescribed  by  the  Consti 
tution,  and  no  civil  war  can  follow;  but  to  force  a  State  from  the  Fed 
eral  Union,  must  shake  society  to  its  foundation — life,  liberty  and  pro 
perty  must  be  put  at  hazard.  This  may  become  necessary;  but  has 
that  necessity  occurred?  When  it  shall  occur,  Carolinians  will  not  look 
to  metaphysicians  for  their  rule  of  conduct ;  they  have  a  better  in  the 
Declaration  of  Independence. 


UNION  PARTY  CELEBRATE.  65 

Could  I  believe,  with  a  much  respected  representative  of  the  State, 
that  of  our  bales  we  are  robbed  by  forties  out  of  hundreds  to  enrich 
the  Northern  manufacturers,  I  too  would  be  for  "  putting  the  State  on 
her  sovereignty."  I  love  his  boldness — he  says  what  he  thinks,  and 
would  do  what  he  says.  He  thinks  we  are  robbed,  and  should  "  at 
every  hazard"  defend  our  property.  But  has  the  robbery  been  proved? 
This  is  a  question  for  the  country ;  and  if  they  are  not  adequate  to  the 
decision  of  this  question,  they  should  be  despoiled  of  their  liberty. 
The  people  can  and  ought  to  decide  this  question ;  and  if  the  robbery 
be  found,  my  voice  will  be  for  war.  As  one  of  the  people,  I  will  never 
abandon  my  right  to  understand  our  statesmen.  The  only  security  for 
freedom  is  jealousy.  Let  the  people  be  indifferent  as  to  their  rights, 
and  they  will  soon  have  a  guardian.  There  are  always  kind,  generous, 
chivalrous  men  enough  to  carry  on  government,  and  take  good  care  of 
the  people,  without  the  smallest  disposition  to  ask  for  advice,  or  ex 
plain  their  conduct.  Sufficient  proof  has  not  been  given  of  the  robbery 
charged.  I  shall  now  endeavor  to  show  that  no  robbery  has  been  com 
mitted;  and  if  I  succeed  in  this,  as  I  hope  to  do,  my  friend  must  be  by 
my  side. 

That  a  tax  on  imported  cotton  goods  may  lessen  the  price  of  cotton 
wool,  is  not  denied;  this  effect,  however,  will  only  follow  when  the  tax 
lessens  the  consumption  of  the  goods.  If  the  price  of  goods  be  so  much 
advanced  by  the  tax  as  to  diminish  the  consumption,  this  must  neces 
sarily  diminish  the  demand  for  cotton  wool — and  the  price  of  cotton, 
like  everything  else,  must  depend  upon  demand  and  supply.  If  the 
supply  is  the  same,  and  the  demand  be  lessened,  the  price  of  cotton 
wool  will  fall ;  and  so  if  the  demand  be  the  same,  and  the  supply  be  in 
creased,  the  price  must  fall.  If  the  consumption  of  cotton  goods  be 
diminished,  and  the  price  of  cotton  wool  consequently  falls,  this  fall 
will  affect  equally  all  the  cottons  in  the  general  market.  Liverpool  is 
the  general  market  of  all  cottons  that  compete  with  ours.  A  fall  in  the 
Liverpool  market  must  affect,  not  only  American  cotton,  but  the  cot 
tons  grown  in  Europe,  the  Indies,  and  South  America.  Whatever  in 
jury,  therefore,  is  done  by  this  supposed  reduction  in  consumption  of 
cotton  wool,  must  be  divided  between  all  the  cottons  in  the  general 
market.  If  the  reduction  in  consumption  be  10,  20  or  30  per  cent,  in 
America,  where  are  consumed  from  250,000  to  300,000  bales,  the  10,  20  or 
30  per  cent,  on  these  300,000  bales  must  be  divided  between  all  the  cottons, 
the  price  of  which  is  regulated  by  the  Liverpool  market,  which  is  sup 
posed  to  be  from  1,750,000  to  2,000,000  bales.  Our  duty,  therefore,  can 
affect  but  slightly  the  price  of  American  cottons.  How  much,  Mr.  Say 
is  of  opinion,  it  is  difficult  to  decide,  and  I,  therefore,  shall  not  attempt 
to  do  so.  I  have  said  that  the  price  of  cotton  wool  cannot  be  affected 
but  by  a  diminished  consumption  of  cotton  goods.  I  shall  now  attempt 


66  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

to  show  that  so  far  from  the  consumption  of  cotton  goods  having  been 
diminished  since  1824,  the  date  of  the  first  objectionable  tariff,  it  has 
increased  probably  one-third.  On  reference  to  the  reports  of  the  Secre' 
tary  of  the  Treasury,  it  will  be  seen  that  no  diminution  has  taken  place 
in  the  importation  of  cotton  goods  since  1824.  At  the  nominal  or  money 
value  of  cotton  goods,  the  average  importations  since  1824  are  equal  to 
the  average  importations  before ;  but  taken  at  their  exchangeable  or  real 
value,  the  quantity  of  cotton  goods  imported  since  1824  is  greater  than 
it  was  before ;  that  is,  as  cotton  goods  sell  much  cheaper  now  than  be 
fore  1824,  the  quantity  of  cotton  goods  valued  at  $8,000,000  now,  is 
greater  than  the  cotton  goods  valued  at  $8,000,000  before  1824.  If  this 
statement  be  correct,  the  importation  of  cotton  goods  has  not  dimin 
ished  since  the  adoption  of  the  present  protective  system. 

But  on  reference  to  the  speech  of  the  distinguished  statesman  already 
alluded  to,  it  will  further  appear  that  $16,000,000  of  cotton  goods  are 
now  manufactured  in  the  United  States,  which,  in  conjunction  with  the 
$8,000,000  imported,  makes  the  present  consumption  $24,000,000.  The 
production  of  our  manufactures  has  probably  doubled  since  1824.  If 
so,  the  consumption  then  must  have  been  $8,000,000  imported  and  $8,000,- 
000  manufactured  at  home,  making  in  all  $16,000,000 ;  the  present  con 
sumption  being  $24,000,000,  leaves  an  increased  consumption  of  one-third, 
or  $8,000,000  in  the  last  six  years.  This  increased  consumption  is  at 
least  equal  to  the  increased  population  of  the  United  States.  It  does 
not  appear  then  that  the  protective  system,  as  far  as  we  can  follow  it, 
has  diminished  the  price  of  cotton.  The  price  of  cotton  has  been  dimin 
ished  by  other  and  adequate  causes.  In  the  last  few  years  we  have 
nearly  doubled  our  production ;  probably  450,000  have  been  added  to 
our  former  production,  and  the  increased  production  elsewhere  has  kept 
pace  with  ours.  It  is  probable  that  750,000  bales  have  been  added  in 
the  last  few  years  to  the  former  supply  in  the  Liverpool  market;  so 
great  an  increased  production  must  have  diminished  the  price  of  cotton 
wool.  If  the  consumption  had  not  also  increased,  the  price  would  have 
been  still  more  diminished.  The  consumption  has  been  increasing 
everywhere,  and  must  be  forever  checking  the  effects  of  over-produc 
tion  ;  the  lower  cotton  is,  the  cheaper  cotton  goods  become ;  the  cheaper 
cotton  goods  become,  the  greater  the  consumption;  the  greater  the 
consumption,  the  greater  the  demand  for  cotton ;  the  greater  the  de 
mand  for  cotton,  the  higher  the  price.  This  is  the  circle  in  which  it 
must  move,  and  if  it  be  true  that  the  consumption  had  been  diminished 
by  our  protective  system,  and  thus  lowered  the  price  of  cotton  in  Liver 
pool  for  a  moment,  it  would  soon  be  met  by  increased  consumption  else 
where,  which  would  in  turn  raise  the  price  of  cotton  wool.  If  we  suffer 
no  more  from  the  protective  system  than  do  the  con«sumers  throughout 
the  United  States,  can  we,  ought  we,  to  complain  of  burthens  imposed 


UNION  PA RTY  CELEBRA TE.  67 

by  the  representatives  of  all  upon  all?  It  may  be  impolitic  to  encour 
age  manufacturers  at  the  expense  of  the  consumers,  the  great  body  of 
the  people ;  but  to  the  discretion  of  Congress,  as  to  every  other  legisla 
ture,  much  must  be  trusted;  they  may  abuse  the  trust;  so  will  others; 
the  only  security  we  can  have  is  the  responsibility  of  the  representa 
tive  to  his  constituents,  and  a  common  interest  between  them.  Are  we 
to  enlist  in  a  crusade  against  the  people  of  the  United  States  for  per 
mitting  their  representatives  to  conform  to  their  wishes?- or  are  we  to 
submit  to  such  laws  as  are  common  to  all  and  affecting  all  in  like  de 
gree?  I  am  disposed  to  leave  Carolina  where  she  is,  the  equal,  not  the 
superior  of  other  States.  When  she  shall  be  oppressed,  when  unequal 
burthens  are  imposed  upon  her,  then,  and  not  till  then,  let  her  be  forced 
from  the  Union.  It  cannot  be  for  the  honor  of  South  Carolina  to  claim 
for  her  more  than  an  equal  share  in  the  government;  and  if  she  some 
times  suffers  in  common  with  the  people  of  the  other  States,  we  must 
submit,  or  resort  to  the  right  of  revolution ;  one  or  the  other  is  de 
manded  by  the  honor  of  Carolina. 

Honor  of  Carolina!  who  now  ministers  at  thy  altar!  Who  is  it  that 
points  to  Carter's  Mountain,  wThen  to  Mount  Vernon  we  ought  to  go?  If 
this  must  be,  then  have  the  days  of  her  chivalry  gone  by ;  then  are  we 
recreant  to  the  glory  of  our  fathers. 

Judge  Lee  being  called  upon  by  the  meeting  to  address  them,  obeyed 
the  call,  unexpected  as  it  was.  He  begs  us  to  say  that  the  call  being 
made  at  a  late  hour,  he  submitted  some  desultory  observations,  which 
he  thinks  it  quite  unnecessary  to  publish.  In  all  that  he  may  have  said 
he  considers  himself  as  completely  forestalled  by  the  able  and  eloquent 
orator  of  the  day,  and  by  many  of  his  distinguished  friends  who  pre 
ceded  him  in  their  addresses  to  the  meeting  at  the  dinner.  What  they 
said  was,  he  thinks,  so  much  better  said  by  them  than  by  himself,  that 
he  declines  the  publication  of  his  speech. 

SPEECH  OF  COL.  B.  F.  HUNT. 

Col.  B.  F.  Hunt  having  been  called  on,  without  premeditation,  said: 
Fellow- Citizens,— -I  feel  this  to  be  the  proudest  day  of  my  life.  The 
friends  of  Union  and  State  Rights  have  on  this  day,  unawed  by  the  de 
nunciations  of  political  adversaries,  and  with  feelings  high  above  the 
distractions  of  party  discord,  assembled  to  lay  upon  the  altars  of  liberty 
the  pure  sacrifice  of  unfeigned  thankfulness  for  those  national  blessings 
which  the  valor  and  devotedness  of  our  fathers  have  secured  by  their 
toils  and  hallowed  by  their  blood  I  have  on  this  day  seen  the  men  of 
Charleston — the  republican  citizens  of  Carolina — without  distinction  of 
birthplace,  or  the  adventitious  differences  of  rank  or  fortune,  assem 
bled  together  as  a  band  of  brothers,  and  bowing  before  that  only  throne, 
to  which  a  freeman  pays  his  homage,  devoutly  thanking  God  that  we 


68  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

still  continue  a  free,  united  and  prosperous  people.  In  all  this  vast  as 
sembly  I  see  none,  no,  not  one,  who  has  ever  "bent  his  knee  before 
created  man  " — not  one  whose  blood  would  leave  his  manly  cheek  amid 
the  embattled  hosts  of  his  country's  foes.  Yet  the  foul  brand  of  "  sub 
mission  "  has  been  attempted  to  be  impressed  upon  such  men.  Does  this 
assembly,  these  banners,  our  proud  aspiration,  savor  of  submission? 
Let  not  our  adversaries  calculate  upon  our  submission.  We  know  and 
appreciate  the  distinction  between  that  obedience  which  is  due  to  the 
government  of  our  choice  and  what  would  ensue  if  the  foundations  of 
that  government  were  undermined  and  all  the  securities  of  regulated 
liberty  crushed  under  its  ruins.  All  the  licentious  passions  of  the  hu 
man  breas.t,  unrestrained  and  kindled  to  very  madness  by  deluded  lead 
ers,  would  leave  to  our  people  no  alternative  but  to  submit  our  lives,  our 
homes,  our  altars,  and  our  little  ones,  to  the  tender  mercies  of  a  heart 
less,  irresponsible  mob.  We  are  resolved  to  submit  to  no  tyrant, 
whether  he  be  a  crowned  emperor  or  a  lawless  demagogue.  We  now 
feel  all  that  security  for  our  rights  which  an  established  government 
affords,  and  contrasted  with  any  other  people  on  earth,  we  know  that 
the  career  of  our  beloved  country  has  been  one  of  unexampled  prosper 
ity — and  we  know,  too,  that  we  owe  all  to  that  proud  submission  to  the 
laws  and  Constitution  of  the  Republic,  without  which  every  free  gov 
ernment  is  powerless  and  inadequate  to  its  ends. 

We  know  that  our  federal  government,  like  every  human  govern 
ment,  is  liable  to  be  badly  administered ;  and  when  its  evils  overbalance 
its  benefits,  we  are  prepared  to  encounter  all  the  vicissitudes  of  revolu 
tion  still  to  be  free.  Experience,  however,  teaches  us  to  beware  how 
we  hastily  throw  off  a  government  which  has  been  fruitful  of  so  many 
blessings,  to  listen  warily  to  those  who  .would  excite  our  jealousy 
against  a  friend  that  has  stuck  to  us  closer  than  a  brother  in  the  hour  of 
our  utmost  need.  The  Constitution  of  the  United  States  is  wholly  un 
like  treaties  between  independent  sovereign  nations.  It  is  a  frame  of 
government,  and  it  acts  not  on  the  sovereign  bodies  of  the  States,  but 
upon  the  people  of  the  United  States.  A.  treaty  or  compact  between 
sovereign  nations  may  be  abrogated,  and  it  still  leaves  each  with  its 
form  of  government  entire — its  executive,  its  naval,  military  and  diplo 
matic  establishments  in  perfect  organization,  according  to  the  ancient 
constitutions  of  the  respective  countries,  and  recognized  in  the  list  of 
nations.  Not  so  the  United  States  of  America.  Their  ancient  general 
government  was  the  monarchy  of  Britain,  and  once  loose  the  bonds  of 
the  Constitution,  and  twenty-four  new  nations  must  be  organized.  All 
history  warns  us  of  the  blood  and  misery  which  it  would  cost.  And  for 
what  causes  are  we  urged  to  the  fearful  experiment — certain  abstract 
theories  insisted  upon  by  enthusiastic  speculators,  whose  title  to  implicit 
confidence  rests  upon  the  facility  with  which  they  can  "  change  sides  and 
argue  still." 


UNION  PARTY  CELEBRA  TE.  G9 

"We  do  not  believe  that  the  duties  are  paid  by  any  but  the  consumer 
of  the  articles  on  which  they  are  imposed.  We  know  that  if  incidentally 
high  duties  are  injurious  to  free  trade,  and  we  admit  the  fact,  they  have 
been  adopted  upon  the  very  principle  of  latitudinary  construction, 
which  owe  their  success  to  those  politicians  who  now  so  strenuously 
inveigh  against  them.  We  know  that  the  tariff  lias  not  effected  any  one 
quarter  of  the  Union  exclusively,  and  that  it  was  forced  upon  those  who 
are  now  calumniated  for  its  existence.  Yet  we  will  never  cease,  light 
as  its  evils  are  compared  with  the  distractions  and  miseries  of  a  revolu 
tion,  to  struggle  to  bring  back  our  national  legislation  to  the  safe,  sim 
ple  and  democratic  rules  of  the  old  republican  school.  We  trust  to  the 
virtue  of  that  people  which  has  hitherto  been  found  capable  of  appre 
ciating  the  value  of  our  Union,  without  our  aid  of  translantic  arith 
metic,  and  we  shall  not  misplace  our  confidence  ;  we  will  trust  our  whole 
country. 

The  enjoyments,  the  recollections  and  the  hopes  which  this  day  brings 
with  it  we  owe  to  the  united  sacrifices  and  the  combined  valor  of  the 
patriots  of  the  Revolution  from  every  section  of  our  extended  Republic. 
On  this  day  we  bear  on  our  banners  the  emblems  and  the  names  of  all 
that  was  profound  in  council,  great  and  heroic  in  the  field,  in  "  those 
days  which  tried  men's  souls."  Nor  are  the  achievements  of  the  second 
war  of  Independence  forgotten.  We  see  the  oak  of  New  England,  the 
palmetto  of  Carolina,  and  the  hickory  of  New  Orleans,  interwoven  in 
that  bright  wreath  which  binds  together  the  North,  the  South,  and  the 
West ;  long,  long  may  they  flourish  in  unfading  verdure,  affording  to  the 
aged  patriot  the  cheering  emblems  of  the  great  results  of  all  his  toils 
and  sacrifices,  and  impressing  on  our  generous  youth  the  deep  sense  of 
gratitude  which  they  owe  to  those  sires  who,  under  God,  have  secured 
for  them  such  a  rich  inheritance. 

Fellow-citizens,  long  may  the  services,  the  feelings  and  the  resolves 
which  we  have  this  day  performed,  and  experienced,  and  made,  be  pre 
served  in  our  memories.  They  will  enlighten  our  understandings  justly 
to  value  and  strengthen  our  hearts  firmly  to  support  the  laws  and  the 
Constitution,  and  hand  down,  unimpaired,  to  our  children,  the  inestima 
ble  blessings  of  regulated  liberty. 

Being  called  on  for  a  sentiment,  he  gave — 

"Fort  Moultrie,  the  glorious  compeer  of  Bunker  Hill:  The  uncon- 
certed  and  almost  simultaneous  offerings  of  the  North  and  the  South  in 
the  great  cause  of  National  Independence." 

SPEECH  OF  E.  YEADOX,  Jr..,  ESQ. 

R.  Yeadon,  Jr.,  Esq.,  having  been  called  on  to  address  the  meeting, 
said: 

That  he  had  observed,  with  regret,  strong  indications  that  we  were 
about  to  split  on  the  very  rock  against  which  the  immortal  Washington, 
in  his  parting  admonition,  had  prophetically  warned  us.  That  geo- 


70  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

graphical  distinctions  were  now  the  watchwords  of  parties,  distracting 
our  once  pe  aceful  country  and  causing  our  Union  to  totter  on  its  base 
That  the  South  seemed  now  prepared  to  put  on  its  armor  against  the 
North,  and  the  East  might  soon  be  ready  to  hurl  its  thunderbolts  against 
the  West.  That  feelings  so  dangerous  to  the  harmony  of  our  Union  and 
the  durability  of  our  institutions  were  to  be  seriously  deprecated,  and 
a  more  generous  and  enlarged  patriotism  ought  to  animate  the  bosom 
of  every  American.  He  said  that  he  had  observed,  with  equal  pain? 
that  it  had  become  the  familiar  custom  of,those  who  arrogated  to  them 
selves,  exclusively,  the  principles  and  feelings  of  Carolinians,  to  heap 
opprobrium  upon  the  name  of  Yankee,  and  that  our  youth  were  even 
taught  to  lisp  it  with  execrations;  that  it  was  strange,  indeed,  that 
while  in  Europe  the  name  of  Yankee  is  identified  with  everything  great 
in  action  and  sublime  in  liberty,  here  it  should  be  the  subject  of  con 
tumely  and  reproach.  That  the  people  of  the  South  should  remember 
that  those  who  unfurled  the  virgin  flag  of  liberty,  and  fought  her  first 
battles  at  Lexington  and  Bunker  Hill  were  the  inheritors  of  a  common 
glory  with  those  who  achieved  her  victories  at  the  Cowpens  and  the 
Eutaw.  He  added,  that  in  language  partly  borrowed  from  the  beauti 
ful  anthem  composed  by  a  minister  of  the  gospel  for  this  day's  celebra 
tion  of  the  holy  festival  of  the  Union,  those  who  inhabit  the  "  fair  plains  " 
of  the  South — those  who  dwell  in  the  "  central  mountain  "  region — those 
who  people  New  England's  rock-girt  strand,  and  those  who  roam  "  the 
prairied  west " — are  all  one  people — and  let  them  come  from  what 
quarter  of  the  Union  they  may,  when  once  they  touch  the  sacred  and 
hospitable  soil  of  South  Carolina  they  should  be  hailed  and  welcomed 
as  brothers.  He  concluded  by  saying  that  as  appropriate  to  these 
remarks  and  to  the  occasion  which  had  brought  so  great  and  patriotic  a 
concourse  together,  he  would  offer  the  following  sentiment: 

"Our  Country— Our  Whole  Country:  Not  circumscribed  within  the 
narrow  confines  of  a  single  State,  but  co-extensive  with  the  broad  ex 
panse  of  our  glorious  confederacy." 

A  call  having  been  made  for  the  editor  of  the  Gazette,  W.  Gilmore 
Simms,  Esq.,  rose,  and  after  observing  to  the  assembly  that  enough  of 
prose  having  been  already  spoken,  he  should  take  leave,  with  the  aid  of 
the  muse  of  patriotism,  to  offer  them  some  little  verse.  He  delivered 
the  National  Ode  which  follows : 

OUR  UNION — A  NATIONAL  ODE. 

I. 

"  Breathes  there  a  man  with  soul  so  dead, 
Who  never  to  himself  hath  said, 

This  is  my  own,  my  native  land" — [SCOTT. 
Who,  gazing  on  each  valley  round, 


UNION  PARTY  CELEBRATE.  71 

Exults  not  in  that  daring  band, 
Which  made  it — consecrated  ground ! 
Who,  drinking  in  the  generous  air 
That  feeds  the  freeborn  spirit  here, 
Climbing  the  mighty  rocks  that  gird 

The  rich  profusion  of  our  soil, 
Fruits,  flowers,  that  spring  but  a  word; 

Delights  not  in  that  hardy  toil, 
Which,  in  defiance,  stern  and  dread 

Of  wanton  steel  and  felon  tree, 
Unfearing  fought  and  bravely  bled 

To  break  its  chains  and  make  it  free ! 

II. 

Beneath  whose  heaven-directed  stroke, 
Pour'd  forth  in  streams  the  fetter'd  rock, 
While  gathering  nations  came  to  bless, 

As  freely  of  its  waves  they  drank, 
The  waters  of  the  wilderness  ! 
Though  many  a  spirit  died  to  gain 
That  land  of  promise  seen  afar — 

And,  worn  with  fell  fatigue  that  sank 
Unburied  on  the  desert  plain, 
Still  God  and  nature  press'd  the  war, 
And  where  they  perished — in  their  place, 

With  treble  strength,  and  spirit  turn'd 

To  the  same  state,  for  which  they  burn'd, 
And  died — sprung  up  a  mightier  race; 
With  eyes,  whose  wide,  unblenching  glance, 

Far,  from  the  moral  Pisgah,  saw 
The  land  in  whose  deliverance 

They  drew  the  sword  and  brought  the  law. 

III. 

Not  in  the  vain  pursuit  of  power, 
The  conquest  of  some  fleeting  hour, 

They  marshalPd  forth  in  might — 
No  idle  foray  for  revenge, 
No  lust  of  rule,  no  love  of  change 

Impell'd  them  to  the  fight. 
They  came — as  comes  the  ocean  wave, 
When  gather'd  navies  find  a  grave, 
And  fiercely-mounting  billows  rave. 

While  humbled  man  grows  dumb ; 


72  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

They  sought  the  fight — as  in  the  skies, 
The  lightnings  flash,  the  tempests  rise, 

And  rolls  heaven's  thunder  drum. 
Not  theirs,  the  panoplied  array, 
The  skill  of  Europe's  better  day — 

With  sling  and  stone  they  stood ; 
And  well  heaven's  blessing  prosper'd  those 
That  hour  who  fought  against  Nature's  foes, 
And  cheered  their  hearts,  and  nerved  their  blows, 

While  Lexington  run  blood. 

IV. 

There  Freedom  drew  her  battle  blade ; 
There  blazed  her  living  beams,  which  made 

Amidst  the  darkness  gathering  round, 
Her  stars,  resplendent,  shine  through  all 

In  glory  o'er  that  battle  ground. 
Whilst  chafing  at  his  fearful  fall, 
Robed  in  his  dark  funeral  pall, 

The  tyrant  howl'd  in  shame; 
A  thousand  lights  are  kindling  fast, 
And,  at  the  wildest  of  the  blast, 
The  crescent  orb,  that  deign'd  to  smile, 

Gave  light  unto  the  deadly  aim 

That  hurl'd  its  fierce  and  fatal  flame 
In  triumph  from  our  Moultrie's  Isle ! 
Nor  there  alone — our  country  yields 

A  thousand  well-contested  fields, 

Where  Freedom,  in  her  mood, 
From  Cowpens  to  the  Hanging  Rock, 
At  every  nameless  acre  took 

Large  toll  of  traitor  blood. 
Still,  in  her  youth — protracted  long 
The  war,  against  repeated  wrong ; 

Each  spot  of  land  in  time  became 
A  theme  for  Freedom's  choral  song : 

A  monument  of  Britain's  shame. 

V. 

Whence  came  that  band,  the  brave,  select, 
The  shores  of  Freedom  to  protect, 
Or  clothe  her  streams  in  blood? 
What  prurient  soil  of  olden  time, 
Whose  deeds  are  chronicled  in  crime, 


UNION  PARTY  CELEBRATE.  73 

Pour'd  forth  the  generous  flood  ? 
Meet  for  that  virgin  land,  they  came 
Obedient  to  her  matron  claim, 

When  Liberty  awoke ; 
When,  sickening  at  old  Europe's  guilt, 
The  chains  she  wore,  the  blood  she  spilt, 
She  bared  her  faulchion  to  the  hilt, 

And  dared  the  deadly  stroke. 
Her  signal  banner  waved  in  air, 
And,  from  all  climes,  the  brave  repair, 

Rich  in  the  heritage  of  thought ; 
Far,  in  our  western  forests  deep, 
Their  shrines  to  build,  their  faith  to  keep ; 

And,  as  their  fathers  taught — 
Free  as  their  native  winds  to  own 
No  foreign  potentate  or  throne — 
To  scorn  among  all  other  things 
That  fain  would  clip  the  spirit's  wings, 

That  dogma  of  the  slave  : 
Who,  in  the  "  right  divine  of  Kings," 

Digs  his  own  villein  grave  ! 

VI. 

No  isolated  spot  sent  forth, 
That  argosie  of  human  worth, 

That,  to  thy  well-found  land, 
Old  Genoese  !  the  treasure  brought, 
Of  noble  soul  and  giant  thought, 

And  firm,  unyielding  brand. 
Spirits,  with  freedom's  self  impress'd, 
And,  by  her  pray'r  and  presence,  bless'd, 
Could  neither  be  enslaved  nor  bought— 
Whom  no  example  could  mislead 
To  wrongful  lust,  or  shameful  deed ; 
No  rank  enticement  win  astray 
From  truth  and  reason's  better  way; 
No  Capuan  luxury  beguile, 

Though  rough  the  path  they  else  pursue, 
By  license  sweet,  and  harlot  smile, 

From  the  all-glorious  goal  in  view. 

VII. 

What  boots  it  now,  though  lofty  stands, 
Among  earth's  high  and  living  lands, 


74  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

The  country  of  our  pride, 
To  tell  each  tale  of  triumph  o'er; 
The  fields  we  fought,  the  blows  we  bore, 

And  how  the  gallant  died! 
The  world  shall  be  their  chronicle — 
And  myriads,  yet  unborn,  shall  tell 

How,  in  the  western  sky, 
Our  banner  of  bright  stars,  became 
A  cheering  ray,  a  guiding  flame, 

For  Europe's  chivalry ! 
The  gallant  Pole — Heaven  bless  his  cause  I 
The  victim  of  unequal  laws, 

To  do  it  honor,  bled — 
Our  Southern  bulwarks,  still  retain, 
The  rich,  and  yet  impurpled  stain, 

The  brave  Pulaski  shed — 
Oh,  let  it  not  be  shed  in  vain ! 
Then  came  the  high-soul'd  brave  of  France, 
And  Erin's  generous  sons  advance, 

And  England's  cavalier — 
And,  in  the  choice  of  every  land, 
Thus  gather'd  in  one  sacred  band, 
We  see  and  honor  God's  own  hand, 

And  who  shall  then  despair ! 
Though  dark  the  night,  our  planets  shine— 
A  DRAYTON  leads  th'  embattled  line — 

Our  banner,  bears  HUGER — 
And,  cheering  all  our  dauntless  crew, 
Comes  the  frank-hearted  PETIGRU, 

The  talented  LEGARE. 
Well  may  the  tyrant,  in  his  sway, 
Dread  to  behold*  the  approaching  day, 
When,  gem  by  gem,  thus  torn  away, 

His  coronet  is  bare — 
When  Valor  breaks  his  sword  in  twain, 
When  Genius  flies  his  despot  train, 
And  casting  off  their  spirit's  chain, 

They  seek  for  freedom  here. 
A  glorious  hope  for  every  clime, 
Unfolded  in  the  march  of  time, 

When  men  their  might  shall  know — 
When  Portugal  and  Spain,  alike, 
Shall  lift  their  thousand  "hands,  and  strike, 

And  freedom,  have  no  foe ! 


UNION  PARTY  CELEBRATE. 

VIII. 

Our  conquest  made— let  him,  who  looks 

This  day  upon  its  glories  wide; 
To  whom  its  vallies,  cities,  brooks, 

Are  sources  of  an  honest  pride — 
Who  sees  its  waters  stretch  afar, 

Their  swollen  billows,  where  the  West 
Peers  forth,  beneath  a  kindred  star, 

With  giant  form  and  golden  crest — 
Who,  glancing  o'er  th'  extended  whole, 
Surveys  its  mighty  rivers  roll, 

In  vallies  of  the  sun — 
With  spirit,  large  enough  to  scan, 
The  triumphs  of  his  fellow  man, 

And  own  them,  every  one — 
All  glories  of  that  rule,  which  makes, 

The  nations  near,  the  world  around, 
Impatient,  of  each  step  it  takes, 

And  heedful  of  its  every  bound: 
Who  sees  our  flag's  extended  folds, 

Sweep  proudly  in  the  easterner, 
Among  the  Pirate's  crescent  holds, 

A  thing  of  more  than  mortal  fear — 
Nor,  to  such  humble  sway,  confined, 

Who  views  it,  out  on  ocean,  spread, 
Stream,  like  a  meteor  to  the  wind, 

That  freemen  love  and  tyrants  dread — 
Let  him,  whose  eye,  not  wholly  blind, 
Survey  these  triumphs — let  him  hear, 
The  voice  of  myriads,  far  and  near, 
Forever,  in  his  listening  ear, 

In  honor  of  his  land — 
And  longing  for  the  approaching  hour, 
When  they,  too,  shall  assert  the  pow'r, 

And,  for  themselves — for  nature — stand 
United,  like  ourselves — awake, 
The  race  to  run,  the  prize  to  take, 

Despite  the  tyrant's  ban — 
Let  him  who  sees  all  this — the  fruit 
From  our  proud  Union's  glorious  root — 
The  offspring  of  whatever  state — 
Let  him  come  forth  and  calculate 

Its  value — if  he  can ! 


76  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

SPEECH  OF  THE  HON.  JOHN  HARLESTON  READ. 
Mr.  Smith  offered  the  following  sentiment : 

"  The  Hon.  John  Harleston  Read,  the  Senator  from  Prince  George, 
Winyaw:  He  has  borne  the  brunt  of  persecution,  may  he  reap  the 
reward  of  perseverance." 

Upon  the  delivery  of  'which,  Mr.  Read  rose  and  spoke  in  language 
nearly  as  follows : 

Fellow- Citizens, —I  should  be  wanting  in  candor  did  I  not  acknowledge 
my  high  sense  of  obligation  for  the  friendly  notice  taken  of  me  in  the 
toast  which  has  just  been  given.  This  unexpected  attention  meets  me 
unprepared  to  respond  to  it  in  a  manner  that  would  be  satisfactory, 
either  to  you  or  to  myself.  Yet  I  cannot  but  feel  deeply  sensible  to  the 
sympathies  you  offer  me,  under  the  trying  circumstances  to  which  allu 
sion  has  been  made.  It  adds  another  consolation  to  that  of  being  con 
scious  that  I  have  suffered  in  a  just  cause,  and  in  the  vindication  of 
those  principles  which  I  am  proud  to  profess.  But,  as  these  are  matters 
which  interest  another  district,  I  will  not  occupy  your  attention  with 
them  further  than  to  assure  you  that  I  rely  with  confidence  upon  those 
good  feelings  which  have  always  characterized  the  constituents  whom  I 
have  the  honor  to  represent,  and  which  they  are  ready  to  evince  in  be 
half  of  those  who  have  suffered  in  their  service. 

The  subjects  which  the  present  situation  of  our  State,  in  relation  to 
the  general  government,  forcibly  suggests  to  the  consideration  of  every 
true  lover  of  his  country,  have  been  so  ably  and  amply  dilated  upon  by 
those  distinguished  statesmen  who  have  already  addressed  you  this  day 
as  to  leave  me  nothing  further  with  which  to  engage  your  attention. 

I  will,  therefore,  only  say  on  the  present  occasion  that  while  I  am 
opposed  to  a  law  so  partial  in  its  operation  (in  this  land  of  equal  rights) 
as  is  the  present  tariff  law  for  the  protection  of  domestic  manufactures — 
while  I  cannot  but  regard  such  a  law  as  conferring  privileges  upon  the 
North,  in  which  we  of  the  South  cannot,  from  the  nature  of  things,  par 
ticipate;  while  I  regard  that  law  as  injuriously  affecting  our  commerce, 
and  consequently  also  our  agricultural  products,  yet  I  cannot  approve 
of  the  remedy  prescribed  by  our  political  opponents.  I  cannot  hold  to 
the  monstrous  doctrine  that  any  single  State  has  the  right  under  the 
Constitution  to  put  her  veto  upon  a  law  of  the  general  government, 
passed  under  all  the  prescribed  forms,  and  yet  remain  a  member  of  the 
Federal  Union ;  that  one  of  a  confederacy  of  twenty-four  States  can  by 
her  sole  voice  check  the  action  of  the  government,  and  stay  its  arm  in 
the  vital  operation  of  collecting  its  revenues.  This  doctrine  seems  to 
me  to  lead  to  consequences  which  threaten  anarchy  and  misrule;  it 
puts  the  State  in  direct  opposition  to  those  constituted  authorities 
which  are  sworn  to  enforce  the  laws,  and  sets  at  defiance  the  very  powers 


UNION  PARTY  CELEBRATE.  77 

which  were  appointed  to  settle  differences.  To  such  a  doctrine  it  is  im 
possible  for  me  to  assent;  nay,  I  feel  bound  utterly  to  reprobate  a 
scheme  which,  unless  arrested  by  the  intelligence  and  patriotism  of  the 
people  of  this  State,  will  bring  ruin  upon  our  happy  institutions;  for  I 
see  in  it  the  rising  tempest  which  threatens  to  overthrow  the  altar  con 
secrated  to  Liberty  and  Union  by  the  immortal  Washington  himself. 

In  conclusion,  I  offer  you  the  following  sentiment,  which  touches  that 
subject  which  is  nearest  our  hearts  at  the  present  time : 

"  The  American  Constitution:  The  ark  of  our  National  Covenant;  it 
will  be'  preserved  by  the  combined  exertions  of  the  Union  and  State 
Rights  Party  throughout  the  State  from  the  profane  influence  of  delu 
sion  and  of  faction." 

SPEECH  OF  ABRAHAM  MOISE,  ESQ. 

Abraham  Moise,  Esq.,  having  been  called  upon  to  address  the  meet 
ing,  rose  and  said: 

Being  requested,  Mr.  Chairman,  unexpectedly  and»without  notice,  to 
address  my  fellow-citizens,  I  propose  with  your  leave  to  offer  a  few  brief 
remarks. 

Previous  to  this  festival,  one  of  the  journals  of  the  city  anticipated 
great  and  alarming  excitement  from  such  an  assemblage.  It  was  said 
that  the  consequences  might  be  dreadful  to  relate — father  would  be  set 
against  son,  and  brother  against  brother,  even  unto  blood;  for  such  was 
the  meaning  of  the  dark  forebodings,  if  any  meaning  could  be  attached 
to  them.  Thank  God,  sir,  the  period  has  arrived,  and  no  such  dreadful 
consequences  have  ensued.  I  see  around  me  an  overwhelming  band  of 
brothers,  sacredly  attached  to  the  Union,  and  determined  to  maintain 
it  at  all  hazards.  The  bone  and  sinew  of  the  country  constitute  this 
great  party.  Sir,  it  is  animating  in  the  highest  degree  to  witness  the 
old  and  the  young — citizens  from  all  parts  of  the  community — from  all 
sects  and  denominations,  assembling  around  the  altars  of  their  common 
country  to  preserve,  by  all  virtuous  means,  the  institutions  of  that 
country;  and  if  ever  there  was  a  period  when  it  was  expedient  and 
necessary  that  every  good  citizen  should  join  in  the  performance  of  a  duty 
so  solemn  and  important,  that  period  has  arrived ;  it  is  a  duty  conse 
crated  by  the  love  we  bear  our  country,  by  the  blood  and  treasure  that 
country  has  cost  us  and  our  forefathers  for  more  than  half  a  century. 
In  what  bold  relief  stands  all  this  to  the  condition  of  France,  the  distrac 
tions  in  England,  and  the  waste  of  life  and  the  pouring  out  of  blood  in 
Poland.  If  this  be  excitement,  as  an  American  citizen  I  glory  in  such 
excitement;  as  a  native  Carolinian  I  rejoice  to  behold  it;  it  is  a  whole 
some  excitement,  it  serves  to  purify  our  political  atmosphere — it  is  an  ex 
citement  worthy  of  those  engaged  in  it,  worthy  of  the  great  occasion,  wor 
thy  the  effort  to  maintain  regulated  liberty,  and  put  it  beyond  the  reach 
of  those  who  would  innocently  or  wickedly  impair  the  smallest  part  of  it. 


78  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

Sir,  this  is  no  ordinary  struggle — it  is  a  contest  in  which  all  we  have 
to  boast  of  is  concerned,  and  indeed  all  that  the  world  has  to  boast  of: 
Our  bright  example  to  suffering  humanity,  our  invaluable  institutions; 
it  may  be  our  homes  and  our  firesides.  The  value  of  our  Union  can 
only  be  known  by  the  benefits  it  has  conferred.  It  has  furnished  an 
asylum  to  all  nations;  to  every  inhabitant  of  the  world,  whether  he  be 
an  Englishman,  an  Irishman,  or  a  follower  of  Moses,  the  moment  he 
sets  his  foot  upon  these  shores,  he  is  free  as  the  freest,  lofty  as  the  lofti 
est;  wrhen  he  lifts  his  voice  and  claims  the  title  of  American  citizen,  he 
is  inferior  in  civil  and  political  rights  to  no  being  on  the  habitable  globe. 

And  shall  we  yield  up  all  these  invaluable  blessings  upon  a  mere  ex 
periment,  for  a  doubtful  evil?  Are  we  quite  sure  that  while  we  lay  the 
axe  at  the  root  of  one  evil,  we  are  not  opening  an  avenue  to  greater 
evils.  A  new  form  of  government  may,  perhaps,  bring  upon  us  oppres 
sions  and  errors  in  legislation  far  greater  than  those  we  suffer ;  for  if 
we  are  to  draw  our  lessons  from  history,  we  shall  not  always  find  that 
the  successful  party  are  most  competent  for  self-government,  or  that 
the  conqueror  is  the  most  generous  of  enemies. 

But,  sir,  if  I  mistake  not  very  much  the  temper  of  the  times  and  the 
indignation  of  our  citizens,  the  true  cause  of  much  of  the  excitement 
now  pervading  our  city,  may  be  traced  to  a  matter  differing  very  widely 
from  this  festival.  Sir,  much  has  been  said  of  oppression,  of  imposition, 
of  the  abuse  of  power.  Has  not  the  Speaker  of  the  House  of  Represen 
tatives  refused  to  the  people  their  writ  of  election?  Have  they  not 
asked  for  it  and  been  refused?  Have  they  not  demanded  it,  and  has 
not  their  demand  been  treated  with  contempt  and  scorn?  And  shall 
the  organs  of  the  Mercury  party  complain  of  excitement,  with  this  pal 
pable  and  unquestionable  act  of  oppression,  imposition  and  abuse  of 
power  fastened  upon  them?  Sir,  it  cannot,  it  will  not,  be  denied  that 
many  of  our  citizens,  equally  distinguished  for  private  worth  and  public 
duty,  will  be  deprived  of  the  privilege  of  voting,  by  a  scheme  of  party 
management  and  manceuvering.  Can  oppression  be  greater  than  this  to 
those  who  value  this  great  privilege,  and  whose  only  crime  it  has  been, 
that  they  opened  not  their  eyes  south  of  the  Potomac,  or  that  a  south 
ern  sun  burned  not  on  their  heads?  Sir,  I  will  dwell  no  longer  on  a 
subject  so  painful  to  those  who  love  justice,  and  who,  I  persuade  my 
self,  would  equally  dispense  it  to  all  classes  and  condition ;  nor  will  I 
offer  any  comment  upon  other  topics  already  so  ably  and  eloquently 
disposed  of.  Let  the  advocates  of  nullification  only  read  and  honestly 
digest  the  sentiments  of  Washington  and  all  their  visionary  schemes 
must  vanish  like  mists  before  the  sun. 
Permit  me  to  offer  you  a  sentiment: 

"General  Jackson  and  the  Disunionists — General  Washington  and 
the  Whiskey  Insurrection." 


UNION  PARTY  CELEBRATE.  79 

* 

SPEECH  OF  MAJOR  PAUL  S.  H.  LEE. 

Maj.  Paul  S.  H.  Lee  being  called  on  for  an  expression  of  his  senti 
ments,  rose  and  observed : 

Gentlemen,— I  have  been  called  on  for  an  expression  of  my  senti 
ments.  I  am  unaccustomed  to  public  speaking,  and  unprepared.  But 
on  an  occasion  like  this,  when  we  are  assembled  to  celebrate  the  birth 
day  of  our  country,  and  particularly  to  show  our  devoted  attachment  to 
the  Union  of  these  States,  I  will  obey  the  call. 

I  sincerely  believe  that  the  measures  of  the  opposition  party,  how 
ever  pure  their  motives,  have  a  direct  tendency  to  destroy  the  Union  of 
these  States.  "\Ve  were  told  about  twelve  months  ago,  by  a  leading 
member  of  that  party,  to  "  tremble  not  at  disunion."  However  high  and 
respectable  the  source  from  which  this  expression  emanated,  in  my 
humble  opinion  there  is  not  a  word  in  our  whole  vocabulary  that  should 
make  an  American  citizen  tremble,  if  it  is  not  that  word  disunion. 

"  Tremble  not  at  disunion  !  "  Shall  we  see  that  noble  edifice  which 
has  been  the  pride  of  our  country,  and  the  admiration  of  the  world,  torn 
to  the  ground,  crushing  in  its  fall  so  many  votaries  at  the  shrine  of  lib 
erty,  and  we  remain  unmoved  spectators? 

"  Tremble  not  at  disunion  !  "  Shall  we  see  the  torch  of  civil  discord 
lighted,  and  our  land  fertilized  with  the  blood  of  its  citizens,  shed  by  a 
son's,  a  father's  or  brother's  hand,  and  our  own  not  become  palsied? 

"Tremble  not  at  disunion!"  Is  there  a  curse  under  Heaven  that 
could  more  effectually  blight  our  happy  land,  destroy  our  fairest  pros 
pects,  and  convert  this  blooming  Eden  into  a  howling  wilderness,  than 
the  besom  of  destruction — disunion. 

"  Tremble  not  at  disunion  !  "  The  nations  of  the  earth  who  are  now 
struggling  for  freedom,  would  tremble,  if  that  beautiful  constellation 
which  is  lighting  them  to  the  blessings  of  civil  religious  liberty,  were 
extinguished. 

"  Tremble  not  at  disunion  !  "  The  Goddess  of  Liberty,  who  had  left 
the  glaciers  of  Switzerland,  the  last  abode  of  freedom,  and  was  return 
ing  to  her  native  skies,  but  beholding  the  struggles  and  devoted  patriot 
ism  of  the  heroes  of  our  Revolution,  descended  on  our  happy  land,  would 
tremble  at  the  disunion  of  these  States,  and  wing  her  flight  from  the 
world  forever.  Gentlemen,  our  fathers,  to  achieve  the  glorious  work  of 
American  Independence,  pledged  their  lives,  their  fortunes,  and  their 
sacred  honor.  Shall  we  hesitate,  in  order  to  perpetuate  the  work  of  their 
hands,  to  give  a  pledge  less  solemn?  No !  I,  therefore,  with  the  fullest 
confidence  give  you — 

"  The  Union  of  the  States :  We  will  protect  it  with  our  lives,  our  for 
tunes,  and  our  sacred  honor." 


80  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

LETTER  FROM  GENERAL  BLAIR. 

RED  OAK  CAMP,  June  15,  1831. 
Samuel  II.  Dickson,  J.  Harleston  Head,  E.  P.  Starr,  Committee  of  Invitation: 

GENTLEMEN, — I  thank  you  for  the  polite  invitation  to  dine  with  you  and. 
your  fellow-citizens  of  the  Union  and  State  Eights  Party,  in  Charleston, 
on  the  approaching  Fourth  of  July,  and  regret  that  the  delicate  and 
precarious  health  of  my  family,  the  hazard  of  so  long  a  ride  through 
the  low  country  at  this  time  of  year,  and  a  variety  of  other  circum 
stances,  will  prevent  my  attendance.  However,  if  my  presence  were  of 
any  importance,  my  absence  will  be  compensated,  no  doubt,  by  a  brief 
disclosure  of  my  political  views. 

You  obligingly  express  a  belief  "  that  a  community  of  sentiment  in 
relation  to  the  great  political  questions  which  now  agitate  our  beloved 
State  and  a  common  feeling  of  devoted  attachment  to  our  country  unite 
us  closely  together."  Of  this  you  can  judge  more  correctly  when  I  pre 
sent  you  a  synopsis  of  my  opinions  in  relation  to  the  topics  which  now 
agitate  the  public  mind. 

I  view  a  protecting  tariff  as  not  only  unconstitutional,  but  highly 
injurious  to  our  best  interests.  Indeed,  I  am  willing  to  regard  it  in  as 
bad  a  light  as  the  most  violent  nulliiier  can  place  it ;  yet  it  is  not  a  whit 
worse  than  the  national  system  of  internal  improvement.  If  it  is  possi 
ble  for  me  to  dislike  one  branch  of  the  American  system  more  than  the 
other,  I  bear  a  greater  hatred  to  the  internal  improvement  than  I  do  to 
the  tariff,  but  I  regard  the  two  as  one.  Indeed,  a  distinguished  indi 
vidual  of  our  State,  who  claimed  to  be  "  the  father  of  internal*improve- 
ment,"  not  many  years  ago  coupled  it  with  the  tariff  and  advocated  both 
with  the  utmost  zeal  as  the  "  true  policy  of  the  country  !  "  To  prove  the 
alliance  between  the  tariff  and  internal  improvement  would  be  super 
fluous.  They  are  as  inseparably  connected  as  the  Siamese  twins.  I  am, 
therefore,  surprised  that  while  some  of  our  ablest  orators  are  pouring 
out  such  vollies  of  invective  upon  the  tariff  they  have  not  one  word  to 
say  about  internal  improvement;  while  they  darken  our  vision  by  the 
flight  of  their  arrows  against  the  former,  they  throw  not  a  single  shaft 
at  the  latter.  They  would  move  heaven  and  earth  and  hazard  the  integ 
rity  of  the  Union  to  suppress  the  tariff,  while  they  seem  to  regard  inter 
nal  improvement  as  a  harmless  thing  !  Every  one  must  draw  his  own 
inference;  but  it  seems  to  me  if  I  was  not  deeply  committed  in  favor  of 
the  one  I  could  not  confine  my  raillery  exclusively  to  the  other  branch 
of  the  American  system. 

To  this  system,  I  take  it  for  granted,  we  are  all  opposed,  and  that  our 
most  anxious  inquiry  is,  How  and  when  shall  we  resist  it  ?  Is  nullifica 
tion  the  proper  remedy  ?  It  seems  to  me  a.  political  axiom,  that  whilst 
South  Carolina  remains  a  member  of  the  federal  family  she  must  refer 


,  UNION  PARTY  CELEBEA  TE.  81 

every  controversy  between  herself  and  the  general  government  to  the 
adjudication  of  the  supreme  federal  court.  When  she  objects  to  the 
intervention  of  that  tribunal,  provided  by  the  federal  compact,  decides 
the  question  for  herself;  declares  this  or  that  law  of  Congress  inopera 
tive  within  her  limits,  and  endeavors  to  carry  her  views  into  operation, 
it  is  virtually  a  resumption  of  all  her  former  sovereignty,  and  she  is 
"ipso  facto"  out  of  the  Union — at  least  she  may  be  so  considered  and  so 
treated  by  the  federal  government.  But  if  South  Carolina  should  under 
take  to  arrest  the  operations  of  a  law  of  Congress,  without  a  formal  act 
of  secession,  the  general  government  has  the  option  of  another  process, 
and  one  that  would  most  probably  be  resorted  to.  It  would  have  the 
right  to  say  to  South  Carolina,  "  You  seem  to  have  forgotten  that  our 
government  was  founded  in  the  spirit  of  compromise  and  concession. 
You  must  remember  that  every  law  cannot  be  made  to  suit  your  particu 
lar  interest,  and  you  must  bear  in  mind  that  while  you  remain  under 
my  protection  and  avail  yourself  of  the  benefit  of  such  laws  as  you  deem 
advantageous  and  constitutional,  you  must  submit  to  those  that  are 
inconvenient,  and  which  you  may  even  think  unconstitutional,  or  refer 
the  disputed  law  to  the  decision  of  the  constituted  tribunal.  Should 
that  tribunal  decide  against  you,  and  you  refuse  to  acquiesce,  I  must 
use  all  the  power  vested  in  me  by  the  Constitution  to  enforce  obedi 
ence."  And  it  does  appear  to  me  that,  under  such  circumstances,  the 
President  of  the  United  States  would  be  bound  by  his  oath  and  by  every 
consideration  of  official  duty  to  carry  the  law  into  full  operation,  be  the 
consequences  what  they  may. 

While,  therefore,  South  Carolina  remains  in  the  Union,  I  can  imagine 
no  mode  of  procedure  by  which  she  can  defeat  the  tariff  laws  without 
bringing  her  militia  in  conflict  with  the  troops  of  the  general  govern 
ment.  But  suppose  we  could,  by  any  civil  process,  enable  our  merchants 
to  elude  the  payment  of  the  duties,  what  measure  would  then  be 
resorted  to  by  the  general  government  ?  It  would  either  require  the 
duties  to  be  promptly  paid  in  cash  and  establish  a  sufficient  military 
force  in  our  seaports  to  ensure  their  collections,  or  our  harbors  would 
be  blockaded  by  a  detachment  from  the  federal  navy,  prohibiting 
entirely  the  import  of  foreign  goods  or  the  export  of  our  produce.  What 
then  would  be  our  remedy  ?  Either  unconditional  and  disgraceful  sub 
mission  or  a  foreign  alliance.  And  I  doubt  whether  Great  Britain  or 
any  other  European  nation  would  think  the  commerce  and  friendship 
of  South  Carolina  of  sufficient  importance,  under  such  circumstances,  to 
induce  them  to  encounter  the  hazard  and  expense  of  such  relations. 

Thus  I  have  tested  the  doctrine  of  nullification  by  what  I  think  would 
be  some  of  its  natural  and  unavoidable  operations,  and  I  am  bound, 
therefore,  to  reject  it  as  impracticable  and  dangerous,  and  must  discard 
it  as  an  absurdity. 
6 


82  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

But  those  of  us  who  object  to  nullification  are  asked  by  the  nullifies 
with  an  air  of  triumph,  "  What  remedy  do  you  propose  ?  " 

Were  I  an  absolute  federalist  of  the  National  Republican  School, 
ready  to  "  sacrifice  the  substance  to  the  shadow,"  to  permit  the  vital 
interests  of  my  country  to  be  destroyed  under  the  forms  of  the  Consti 
tution,  while  the  spirit  of  that  instrument  was  disregarded,  I  might 
deem  it  a  sufficient  answer  to  refer  to  the  provisions  of  the  federal  com 
pact,  and  in  ordinary  cases  this  would  be  the  correct  reply,  but  in  a  case 
like  the  present,  supposed  to  involve  an  ultimate  extremity  similar  to 
that  of  life  and  death,  I  would  be  guilty  of  no  such  mockery.  I  should 
say  that  when  the  public  debt  is  paid,  and  all  pretext  for  a  high  tariff 
thereby  destroyed ;  should  the  American  system  still  be  adhered  to  with 
stubbornness ;  should  the  tariff  still  be  regarded  as  absolutely  intoler 
able  and  all  hopes  of  relief  from  Congress  be  entirly  annihilated,  we 
should  then  redress  our  wrongs  in  our  own  way.  How  would  that  be  ? 
Let  all  the  anti-tariff  States,  or  at  least  the  Atlantic  portion  of  them 
south  of  the  Potomac,  make  common  cause ;  as  they  have  a  common 
interest,  they  should  be  actuated  by  the  same  political  impulse  and 
feeling.  Let,  therefore,  Virginia,  North  and  South  Carolina,  Georgia, 
Mississippi,  Alabama,  and  as  many  of  the  adjacent  States  as  choose  to 
join  us,  assemble  in  convention,  if  you  please,  and,  acting  in  concert, 
present  to  the  federal  government  the  alternative  of  receding  from 
its  unjust  and  oppressive  legislation  or  submission  to  our  separation 
from  the  confederacy.  I  am  fully  aware  of  the  hazard  of  such  a  pro 
ceeding.  Should  Congress  adhere  to  its  iniquitous  policy,  and  we  are 
driven  to  the  necessity  of  pursuing  the  last  and  worse  branch  of  the 
alternative,  it  is  easy  to  imagine  many  dangers,  difficulties,  and  expenses 
we  should  have  to  encounter.  In  such  event  I  can  readily  conceive  the 
necessity  we  should  be  under  of  keeping  up  a  large  navy  to  protect  our 
commerce,  a  formidable  chain  of  military  posts  to  protect  our  inland 
frontier,  together  with  a  powerful  standing  army  to  repel  invasion  and 
suppress  insurrection.  It  is  also  obvious  our^  liberty  would  be  endan 
gered  by  such  powerful  armaments,  nor  can  I  hide  from  my  mental 
vision  the  certainty  that  even  in  this  little  Republic  a  rivalry  of  interest 
and  a  struggle  fcr  political  predominance  would  soon  arise  that  would 
shake  our  newly-formed  government  to  its  centre.  I  say,  therefore,  the 
experiment  will  be  dangerous,  and  it  is  only  to  be  resorted  to  in  the  last 
extremity.  Yet,  I  would  resort  to  it  rather  than  we  should  become  the 
mere  stewards  and  overseers  of  Northern  monopolists  and  manufac 
turers,  and  entail  slavery  upon  our  posterity.  But  for  South  Carolina, 
divided  within  herself,  to  attempt  such  an  enterprise,  not  only  without 
the  aid  or  co-operation  of  any  of  her  adjoining  sister  States,  but  under 
the  rebukes  of  all,  would  be  madness  and  folly  in  the  extreme.  It 
would,  indeed,  be  a  species  of  political  insanity  that  could  only  be  ex- 


UNION  PARTY  CELEBRATE.  83 

ceeded  by  the  absurd  idea  of  a  single  State  arresting  the  laws  and  ope 
rations  of  the  general  government  with  impunity,  and  still  remaining  a 
member  of  the  federal  family. 

But,  after  all,  may  we  not  ask  who  were  the  authors  of  this  infamous 
American  system  ?  and  who  they  are  that  have  mounted  "  the  rider  on 
the  pale  horse  ?"  that  bringeth  in  his  train  all  the  ills  of  prophecy. 

I  am  unwilling  to  wound  the  feelings  of  individuals  by  a  minute 
enquiry  as  to  who  are  most  culpable,  or  were  the  most  efficient  advo 
cates  and  zealous  agents  in  fixing  this  ruinous  policy  upon  us.  Fortu 
nately,  no  such  enquiry  is  necessary.  It  is  universally  known,  and  'tis 
as  strange  as  true,  that  the  leaders  of  that  party  called  the  nullifiers — 
of  that  party  who  have  stolen  from  us  the  appellation  of  "  State  Rights," 
and  have  modestly  arrogated  to  themselves  all  the  courage  and  patriot 
ism  of  the  South — yes,  the  very  men  who  now  wish  South  Carolina, 
single-handed  and  alone,  to  run  a  premature,  dangerous,  desperate  tilt 
with  the  federal  government  on  account  of  its  oppressive  legislation, 
are  the  self-same  men  who  have  done  more  than  any  others  to  bring 
those  evils  upon  us.  They  have  introduced  the  robbers  into  the  house ; 
and,  because  we  object  to  the  instant  burning  of  the  building,  we  are 
charged  with  all  the  plunder  committed — Satan  like,  they  would  first 
seduce  and  then  mock  us;  they  involve  us  in  a  ruinous  and  dangerous 
dilemma,  then  point  out  what  they  call  a  mode  of  escape,  but  which  we 
consider  certain  destruction ;  and  when  we  refuse  to  pursue  their  mad 
and  hopeless  scheme,  they  denounce  us  as  fools,  cowards,  and  traitors. 
Great  God,  how  much  longer  are  the  people  to  be  thus  gulled  and  de 
luded  ! 

But  perhaps  you  are  desirous  of  knowing  whether  I  have  any  hope 
the  alternative  to  which  I  have  alluded  will  not  be  forced  upon  us.  I 
have  no  hesitation  in  saying,  even  at  the  hazard  of  a  sneer,  I  do  enter 
tain  such  a  hope. 

It  seemed  to  be  conceded  on  all  sides  that  the  duty  on  sugar,  as  well 
as  several  other  items  of  the  tariff,  would  have  been  reduced  or  repealed 
if  there  had  been  time  at  the  last  session  to  obtain  the  final  action  of 
Congress  on  those  propositions.  But  the  session  being  limited  to  the 
4th  of  March,  and  much  of  its  scanty  time  unavoidably  taken  up  by  the 
trial  of  Judge  Peck,  no  proposition  of  that  kind  could  be  definitely  acted 
upon.  Beside  we  still  had  in  Congress  the  same  old  materials  that  con 
stituted  it  the  twelve  months  before ;  and,  therefore,  not  much  was  to 
be  expected  from  them  more  than  had  been  done  at  the  preceding  ses 
sion.  In  the  next  Congress  I  trust  the  case  will  be  somewhat  different; 
several  changes  have  already  been  made  for  the  better  in  the  represen 
tation  of  some  of  the  States,  as  you  are  no  doubt  aware.  In  addition  to 
this,  it  is  the  opinion  of  older  and  more  experienced  members  than  my- 
seirthat  "  the  monster"  is  staggering  with  its  deformity,  and  tottering 


84  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

under  the  weight  of  its  own  iniquity.  They  speak  of  the  downfall  of 
the  system  with  absolute  certainty,  and  say  that  its  final  overthrow 
cannot  be  postponed  much,  if  any,  beyond  the  payment  of  the  public 
debt.  The  friends  of  the  system  themselves  look  to  the  extinction  of 
the  national  debt  as  the  grand  crisis  of  their  favorite  policy — they  look 
to  it  "  with  fear  and  trembling";  and  with  a  view  to  keep  off  their  evil 
day  as  long  as  possible,  they  vote  for  every  appropriation  of  the  public 
money,  no  matter  how  large,  regardless  of  the  object,  or  from  whence 
the  application. 

I  have  thus  briefly  presented  you  some  of  the  reasons  on  which  my 
expectations  of  a  change  for  the  better  is  founded.  I  have  done  it 
frankly,  and  have  addressed  you  throughout  in  a  spirit  of  candor,  not 
only  because  I  regard  equivocation  on  these  subjects  unwarrantable,  if 
not  criminal,  but  because  I  consider  you  my  political  friends.  I  would 
not  thus  descant  upo-n  these  topics  were  you  an  assembly  of  nullifiers ; 
were  I  to  hold  out  hopes  and  favorable  expectations  concerning  the 
tariff,  to  that  class  of  politicians,  and  my  predictions  (as  they  would 
call  them)  should  not  be  promptly  and  literally  fulfilled  by  Congress, 
the  nullifying  gentry  w^ould  be  disposed  to  " nullify"  me  for  the  disap 
pointment.  They  would  be  ready  to  visit  upon  me  all  the  penalties  due 
to  the  original  sins  of  their  own  favorite  politicians.  Therefore,  al 
though  I  neither  make  nor  regard  threats,  I  do  not  wish  to  be  understood 
as  promising  or  predicting  what  the  future  operations  of  Congress  may 
be  upon  the  tariff.  The  State  which  I  in  part  represent  is  composed  of 
reading  and  intelligent  freemen,  as  capable  of  judging  for  themselves 
as  I  am;  and  I  wish  all  my  fellow-citizens,  and  especially  the  nullifiers, 
to  make  their  own  calculations  of  "  the  prospect  before  us." 

About  President  Jackson,  and  the  prospect  of  his  re-election,  I  have 
but  little  to  say;  I  consider  that  event  to  be  as  certain  as  it  is  indis 
pensable  to  the  welfare  of  our  common  country.  Some  blame  him  for 
doing  too  little  to  overthrow  the  American  system,  others  blame  him 
for  doing  too  much  in  that  way;  perhaps  the  best  evidence  of  his  hon 
esty  and  patriotism  is  that  he  is  a  little  blamed  by  all  parties.  All 
know,  whatever  they  may  say  to  the  contrary,  that  Gen.  Jackson  will 
do  what  he  believes  to  be  right — and  no  man  is  blessed  with  a  more 
infallible  judgment  or  a  more  fearless  spirit.  The  great  body  of  the 
American  people  know  this,  and  they  know,  besides,  that  no  other  man, 
under  existing  circumstances,  could  hold  this  confederacy  together  five 
years  longer.  They  are  aware  that  the  crisis  demands  the  re-election 
of  Andrew  Jackson  as  President  of  the  United  States— and  they  will 
be  "faithful  to  themselves  and  to  him."  Let  no  one  suppose  me  desi 
rous  of  flattering  General  Jackson — character  and  disposition  apart,  I 
have  no  motive  for  such  sycophancy.  To  say  nothing  of  my  want  of 
qualifications,  I  do  not  wish,  nor  am  I  in  a  situation  to  accept,  any  office 
in  the  gift  of  the  President,  neither  would  I  beg  office  at  his  hands  for 


UNION  PARTY  CELEBRATE.  85 

my  best  friend.  I  wish,  indeed,  the  Constitution  prohibited  every  mem 
ber  of  Congress  from  taking  any  appointment  under  the  federal  govern 
ment.  It  is  a  slander  on  the  American  people  to  say  that  competent 
men  cannot  always  be  found,  except  among  their  representatives.  A 
representative  of  the  people  should  have  no  motive  to  court  the  smiles 
or  dread  the  frowns  of  any  but  his  constituents. 

Pardon  me  for  troubling  you  with  such  a  long  letter,  and  allow  me 
to  conclude  by  proposing  to  your  meeting  the  following  sentiment: 

"  General  Jackson  and  the  People  of  Carolina :  They  cannot  be  di 
vided  while  he  continues  honest  and  they  remain  free." 
Very  respectfully,  your  obedient  humble  servant, 

JAMES  BLAIR. 

After  reading  the  above,  the  following  toast  was  offered : 

"By  Colonel  Steedman.  General  James  Blair:  A  man  of  the  peo 
ple — a  firm  and  consistent  advocate  of  their  rights  and  interests ;  he  has 
this  day  portrayed  the  true  connection  between  the  Union  and  his  na 
tive  State." 

LETTER  FROM  THE  HON.  R.  J.  MANNING,  LATE  GOVERNOR  OF  THIS  STATE. 

FULTON  POSTOFFICE,  June  30. 
Samuel  H.  Dickson,  /.  Harleston  Read,  E.  P.  Starr,  Committee  of  Invitation: 

GENTLEMEN, — You  have  kindly  invited  me  in  the  name  of  the  Union 
and  State  Rights  Party,  to  partake  of  a  public  dinner,  and  to  join  in  the 
celebration  of  American  Independence,  in  the  city  of  Charleston,  on  the 
approaching  Fourth  of  July.  Accept  my  thanks  for  the  respectful  re 
membrance  of  me  on  the  occasion,  and  be  pleased  to  convey  them  to 
those  whose  organ  you  are,  with  my  regret  that  the  season  of  the  year, 
and  the  sufferings  of  a  sick  family  forbid  me  to  attend. 

In  the  conflicts  and  war  of  opinions  which  have  unhappily  divided 
our  beloved  State,  the  character  of  my  own  opinions,  has  placed  me  in 
the  ranks  of  the  Union  and  State  Rights  Party.  In  taking  this  position 
with  a  party,  I  find  myself,  in  opinions,  at  variance  with  the  dearest  and 
best  friends  of  my  youth  and  manhood.  The  political  separation  from 
these  is  decidedly  among  the  most  painful  circumstances  of  my  life. 
However  much  we  may  differ  in  public  matters,  nothing  but  unkind- 
ness  shall  ever  cloud  the  recollection  of  my  past  life,  or  impair  my  ad 
miration  for  those  good  and  talented  men,  from  whom  I  am  now  politi 
cally  separated.  I  rejoice  that  over  the  affections  of  the  heart,  neither 
parties,  nor  laws,  nor  constitutions,  have  any  control.  These 'are  the 
free  and  blessed  and  eternal  gifts  of  God  to  man. 

The  doctrine  that  the  majority  shall  govern,  with  all  the  evils  that 
appertain  to  it,  is  better  and  safer  (especially  in  an  age  of  light  and 
knowledge),  as  a  fundamental  principle  of  government,  than  the  other, 
where  the  minority  shall  control  and  govern  the  majority.  The  ad- 


86  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

mirable  operation  of  this  is,  that  when  the  majority  who  govern  are 
wrong,  their  errors  will  produce  evils ;  these,  as  soon  as  they  begin  to 
act  extensively,  will  sink  under  the  influence  of  an  enlightened  public 
opinion,  and  the  irresistible  power  of  the  press  will  bring  up  the 
minority  into  the  ranks  of  the  majority,  and  thus  evils  will  be  corrected 
and  the  government  again  be  restored  in  practice  to  a  sound  and  healthy 
action. 

I  am  one  who  very  much  rely  upon  the  power  and  final  triumph  of 
truth,  and  on  the  purifying  influence  of  an  enlightened  public  opinion 
and  its  dissemination  by  the  press.  By  the  operation  of  these  on  Euro 
pean  countries,  abuses  which  have  been  tolerated  for  ages  will  shortly 
be  corrected,  and  liberal  principles  and  regulated  liberty  will  modify 
the  frame  works  of  all  the  governments  in  Christendom. 

It  was  a  profound  remark  of  Talleyrand  when  he  said  "  that  there  is 
something  which  has  more  wisdom  than  even  Bonaparte  or  Voltaire— 
which  is  public  opinion."  On  this  we  can  rely  for  the  final  triumph  of 
truth. 

The  tariff  must  be  modified  in  a  short  time.  There  are  causes  which 
will  work  out  this  result.  The  American  system  must  go  down,  the  evil 
be  corrected,  and  the  government  be  again  placed  on  its  sound  and 
solid  foundation.  Tyranny  cannot  exist  in  this  country,  nor  can  it  under 
the  march  of  events  and  the  power  of  existing  causes  much  longer  exist 
in  the  old  world.  The  doctrine  of  nullification  in  the  present  under 
standing  of  it  is  destructive  and  ruinous.  That  one  State,  moved 
perhaps  by  faction,  at  the  head  of  which  may  be  placed  even  one 
designing  and  talented  man,  should  have  power  to  arrest  the  opera 
tion  of  the  whole  government  of  the  Union,  is  paradoxical  and  ruinous. 
However  well  this  might  answer  in  ordinary  times  of  peace,  the  govern 
ment  could  never  sustain  and  hold  itself  together* at  other  and  difficult 
times.  An  extensive  government  like  our  own,  when  it  shall  be  shaken 
by  foreign  or  internal  convulsion,  will  fall  to  pieces  under  the  operation 
of  this  doctrine. 

We  hold  with  the  doctrines  of  the  United  States  Constitution.  We 
hold  that  existing  evils  must  either  be  corrected  under  that  sacred 
instrument  or  according  to  the  republican  doctrines  of  Jefferson  con 
tained  in  the  Declaration  of  American  Independence — viz.,  "  That  when 
ever  governments  shall  fail  to  answer  the  ends  for  which  they  were 
instituted  among  men  it  is  the  right  and  duty  of  the  government  to 
establish  such  other  forms  as  seem  most  likely  to  secure  their  safety  and 
happiness." 

I  beg  leave  to  offer  the  following: 

"The  Doctrine  of  Nullification:  Unsustained  and  unsustainable." 
I  am,  gentlemen,  your  obedient  servant, 

RICHARD  J.  MANNING. 


UNTON  PARTY  CELEBRATE.  87 

LETTER  PROM  HON.  CHANCELLOR  DESAUSSURE. 

COLUMBIA,  June  18,  1831. 
Samuel  H.  Dickson,  J.  Harleston  Read,  E.  P.  Starr,  Committee  of  Invitation: 

GENTLEMEN, — I  had  the  honor  of  receiving  your  polite  letter  inviting 
me  to  dine  with  our  fellow-citizens  in  Charleston  of  the  Union  and  State 
Rights  Party  on  the  Fourth  of  July. 

You  do  me  no  more  than  justice  in  believing  that  I  am  greatly  at 
tached  to  the  Union  of  the  States,  as  the  solid  foundation  of  the  national 
greatness  and  prosperity ;  as  the  sure  guarantee  of  our  internal  tran- 
quility  and  of  our  external  peace,  as  well  as  of  the  public  liberty.  These 
were  the  sentiments  of  Washington,  the  father  of  his  country,  who,  in 
his  farewell  address,  warns  his  fellow-citizens  "  that  the  unity  of  gov 
ernment  which  constitutes  us  one  people,  is  a  main  pillar  in  the  edifice 
of  our  real  independence ;  the  support  of  our  tranquility  at  home,  our 
peace  abroad,  of  our  safety,  of  our  prosperity,  and  of  that  very  liberty 
we  so  highly  prize."  To  which  he  adds  :  "  That  it  is  of  infinite  moment 
that  we  should  properly  estimate  the  immense  value  of  our  national 
Union  to  our  collective  and  individual  happiness;  and  that  we  should 
cherish  a  cordial,  habitual  and  immovable  attachment  to  it ;  accus 
toming  ourselves  to  think  of  it  as  of  the  palladium  of  our  political  safety 
and  prosperity;  watching  for  its  preservation  with  jealous  anxiety;  dis 
countenancing  whatever  may  even  suggest  a  suspicion  that  it  can  be  in 
any  event  abandoned."  These  opinions  and  this  solemn  advice  from 
him,  who  acted  the  greatest  of  all  parts  in  the  great  drama  of  human  af 
fairs,  is  entitled  to  the  profoundest  veneration  from  his  fellow-citizens ; 
for  his  experience  was  great,  his  sagacity  instinctive,  and  his  patriotism 
unbounded.  The  history  of  all  confederations  proves  the  truth  of  his 
maxims  and  the  wisdom  of  his  advice.  They  have  been  always  destroyed, 
and  the  country  ruined  for  want  of  attention  to  these  maxims.  They 
have  my  entire  concurrence;  and  I  rejoice  in  the  belief  that  this  senti 
ment  pervades  the  minds  of  a  vast  majority  of  the  citizens  in  all  parts 
of  the  United  States.  And  the  Union  well  deserves  the  affection  of  the 
citizens,  for  it  has  preserved  our  country  in  peace  and  prosperity  during 
a  longer  period  than  is  usual  in  the  annals  of  the  human  race,  at  a  time, 
too,  when  almost  all  the  nations  of  the  earth  have  been  disturbed  by  in 
ternal  commotions,  or  distressed  by  foreign  wars. 

It  is  not,  however,  to  be  dissembled,  that  this  inestimable  Union  is 
now  put  to  a  severe  trial.  A  series  of  the  acts  of  Congress,  operating 
most  injuriously  on  the  interests  of  the  South,  for  the  protection  of 
Northern  manufacturers,  have  produced  deep  dissatisfaction  in  the  minds 
of  the  citizens  of  a  large  section  of  the  United  States.  The  evil  is  so 
great,  and  the  injustice  is  so  gross,  that  the  attachment  of  the  South  to 
the  Union  is  gradually  weakening,  and  ere  long  will  be  almost_oblite- 


88  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

rated,  unless  relief  be  obtained.  Yet  Congress  does  not  seem  to  have 
discovered  that  the  affections  of  the  citizen  is  the  best  support  of  all 
governments.  It  has  denied  most  pertinaciously  the  relief  sought  by 
the  South.  How  long  the  pressure  will  be  endured  cannot  be  foreseen. 
Many  ardent  spirits,  impatient  of  the  wrong,  are  prepared  for  strong 
action  to  throw  off  the  yoke.  On  the  other  hand,  many  of  our  citizens 
cannot  yet  give  up  the  Union,  so  precious  for  the  past  time.  They  con 
tinue  to  hope,  almost  against  hope;  and  in  this  state  of  mind,  they  are 
not  prepared  to  act  with  their  brethren.  This  difference  of  opinion, 
honestly  felt  and  consciously  expressed  on  both  sides,  has  produced 
most  unhappy  effects.  It  has  divided  the  citizens  into  violent  parties, 
gradually  producing  bitter  animosities.  This  is  most  deeply  to  be  re 
gretted,  not  only  as  it  disturbs  the  harmony  of  society,  even  in  members 
of  the  same  families,  but  as  weakening  our  efforts  to  get  rid  of  the  op 
pression  of  which  we  complain.  The  ablest,  wisest  and  best  men  of 
our  country  are  as  much  divided  in  opinion,  as  to  the  right  course  of 
conduct,  as  those  of  inferior  endowments.  Would  to  God  that  they 
could  be  united  in  common  counsels,  and  in  a  common  plan,  to  obtain 
redress,  without  hazard  to  the  Union.  Could  not  all  our  citizens  be  in 
duced  to  unite  together  in  one  grand  celebration  of  the  ever-memorable 
Fourth  of  July ;  and  could  not  the  leading  men  on  both  sides,  who  have 
the  confidence  of  the  country,  meet  in  friendly  counsel,  and  devise  some 
plan  which  would  obtain  the  support  of  the  whole  State?  I  most  siri* 
cerely  and  anxiously  wish  this  could  be  done.  Without  it,  nothing  can 
be  done. 

My  public  duties  will  carry  me  into  the  upper  country  immediately, 
so  that  it  will  not  be  in  my  power  to  accept  your  polite  invitation  to 
the  public  dinner.  Permit  me,  however,  to  offer  you  a  toast  for  the  oc 
casion  : 

"  The  Union  of  the  States :  May  it  never  be  dissolved  by  unjust,  op 
pressive  and  sectional  legislation ;  or  by  rash  and  violent  measures  of 
resistance  to  the  laws  of  our  country." 

I  am,  gentlemen,  with  great  respect,  your  most  obedient  servant, 

HENRY  WM.  DESAUSSURE. 

LETTER  FROM  THE  HON.  JUDGE  RICHARDSON. 

MANCHESTER,  June  26, 1831. 

Samuel  H.  Dickson,  J.  Harleston  Read,  E,  P.  Starr,  Committee  of  Invitation : 
GENTLEMEN, — Your  invitation  to  a  dinner  on  the  Fourth  of  July,  to  be 
provided  by  the  Union  and  State  Rights  Party  of  Charleston,  is  received. 
The  season  of  the  year,  and  the  distance  of  my  residence,  alone  prevent 
me  from  attending  a  celebration  so  just,  patriotic,  and  praiseworthy; 
and  rendered,  in  my  judgment,  necessary  at  this  time,  from  circum 
stances  attending  the  political  parties  in  Charleston.  I  beg  your  accept- 


UNION  PARTY  CELEBRATE:  89 

ance  of  the  following  sentiment,  which  exhibits  my  conviction  of  the 
correctness  of  your  political  principles: 

"  The  State  principles  of  Moses,  that  made  Agriculture  the  basis  of 
national  stability ;  and  the  policy  of  Solomon,  that  ingrafting  Commerce 
on  the  stock  of  the  farmer,  left  the  Domestic  Arts  to  their  natural  ali 
ment,  found  in  free  trade  and  tillage." 

With  great  respect,  your  obedient  servant, 

J.  S.  RICHARDSON. 

LETTER  FROM  THOMAS  WILLIAMS,  JR.,  ESQ. 

YORK  DISTRICT,  June  18. 
Samuel  H.  Dickson,  J.  Harleston  Read,  JE.  P.  Starr,  Committee  of  Invitation: 

GENTLEMEN, — I  have  the  honor  to  acknowledge  the  receipt  of  your 
favor  of  the  10th  instant  as  a  committee  on  the  part  and  behalf  of  the 
Union  and  State  Rights  Party  of  your  city,  inviting  me  to  dine  with 
them  on  the  Fourth  of  July  next. 

I  am  bound  to  acknowledge  it  as  one  of  the  highest  honors  of  my 
life  to  be  identified  with  that  party  whose  wisdom  and  patriotism  have 
constantly  induced  the  course  best  calculated  to  save  our  country  in  her 
times  of  greatest  peril.  Of  late  I  have  thought  the  evidence  to  estab 
lish  one  of  the  so  much  hooted  "eight  points"  is  not  of  that  doubtful 
character  which  was  once  supposed,  for  language  is  now  used,  and  in  the 
most  public  manner,  and  by  our  most  distinguished  men,  which  at  one 
time  would  haveabeen  thought  disgraceful  and  treasonable,  but  which 
is  now  held  by  gentlemen  as  not  only  correct  and  proper,  but  even 
praiseworthy.  Yet  I  trust  the  Union  and  State  Rights  party,  guided  by 
such  men  as  Drayton,  Smith  and  Iluger,  will,  wThile  they  always  point 
to  every  encroachment  on  national  and  constitutional  liberty,  also  point 
to  the  proper  remedy  without  endangering  the  safety  of  the  Union  I 
regret  extremely  the  particular  season  will  not  allow  me  to  join  with 
you  in  celebrating  the  day  so  sacred  to  our  liberty.  You  have  my 
earnest  desire  for  the  full  and  triumphant  success  of  the  doctrines  main 
tained  and  insisted  on  by  the  Union  and  State  Rights  Party.  Believing 
they  are  essential  to  our  safety,  for  their  zealous  and  steady  defense 
our  fellow-citizens  will  yet  bless  us. 

Respectfully,  your  obedient  servant, 

THOS.  WILLIAMS,  JR. 

LETTER  FROM  ALEXANDER  SPEER,  ESQ. 

ABBEVILLE,  June  27,  1831. 

Samuel  II.  Dickson,  J.  Harleston  Read,  E.  P.  Starr,  Committee  of  Invitation: 
GENTLEMEN, — I  have  this  moment  received  your  kind  invitation  to 
join  the  "  Union  and  State  Rights  Party  "  of  the  city  of  Charleston  in 
celebrating  the  returning  anniversary  of  our  country's  independence. 


90  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

For  this  act  of  attention  and  kindness  permit  me  to  return  my 
thanks,  and  at  the  same  time  to  assure  you,  and  through  you  the  party 
with  whom  I  am  proud  to  act,  that  although  distance  and  season  will 
prevent  my  personal  attendance,  yet  my  heart  and  best  wishes  are  with 
you.  I  rejoice  that  Charleston  has  not  yet  determined  to  "  calculate  the 
value  of  the  Union,"  and  that  a  goodly  number  of  noble  spirits  are  yet 
found  who  are  unwilling  to  place  our  beloved  State  in  a  situation  from 
which  it  will  be  "legal  and  constitutional  treason"  in  her  citizens  to 
take  sides  with  or  support  that  federal  government,  to  establish  which 
cost  our  ancestors  so  much  blood  and  treasure. 

Be  assured,  whatever  you  may  hear  to  the  contrary,  that  whenever 
the  curtain  is  fully  raised  so  as  to  make  the  question  of  union  or  dis 
union  fully  and  fairly,  the  people  of  Abbeville  will  not  be  found  want 
ing,  and  nullyism,  with  all  its  et  ceteras,  will  fall  to  rise  no  more.  In  con 
clusion,  gentlemen,  permit  me  through  you  to  offer  a  toast,  which  I 
flatter  myself  will  meet  with  your  entire  approbation. 

"  The  Hon.  William  Drayton,  who  with  more  than  Roman  virtue, 
sacrificed  the  dearest  ties  of  personal  and  family  friendship  for  the  good 
of  his  country." 

With  the  highest  respect,  I  remain,  gentlemen,  your  obedient  and 
humble  servant, 

ALEXANDER  SPEER. 

LETTER  FROM  THE  HON.  JOHN  L.  WILSON. 

CHARLESTON^ July  2,  1831. 

Samuel  II.  Dickson,  J.  Harleston  Read,  E.  P.  Starr,  Committee  of  Invitation: 
GENTLEMEN, — I  have  received  your  kind  and  polite  invitation  to  join 
the  procession  of  the  Union  and  State  Eights  Party,  enclosing  a  ticket 
of  admission  to  dine,  for  which  polite  attention  permit  me  to  return  you 
my  thanks.  After  a  public  service  of  more  than  twenty  years  I  have 
determined  to  devote  myself  entirely  to  professional  engagements  and 
domestic  retirement.  With  this  resolution  taken,  I  admit  the  principle 
that  the  Republic  has  a  right  to  demand  at  all  times  the  services  of  her 
citizens,  and  whenever  such  a  crisis  shall  arrive,  and  I  am  called  upon 
to  act,  I  shall  obey  the  summons  with  promptitude  and  zeal.  Although 
for  the  last  two  years  I  have  taken  no  part  in  the  political  excitement 
which  now  agitates  and  convulses  my  beloved  State,  I  have  not  been  in 
sensible  to  passing  events.  To  me  it  is  a  source  of  deep  regret  to  witness 
this  unhappy  division,  which,  at  the  same  time  it  serves  to  weaken  our 
just  influence  in  the  national  councils,  arrays  in  hostile  ranks  the  same 
family,  breaking  asunder  former  political  friendships  and  connections 
and  poisoning  the  foundations  of  social  and  domestic  happiness.  Not 
withstanding  the  present  array  of  contending  parties,  my  confidence  in 
the  intelligence  and  virtue  of  the  people  remains  undiminished;  and,  I 


UNION  PARTY  CELEBRATE.  91 

confidently  hope,  by  mutual  forbearance  and  free  and  friendly  discus 
sion,  the  prosperity  and  political  happiness  of  our  State  may  be  the  ulti 
mate  result. 

The  political  sentiments  I  have  heretofore  with  more  than  usual 
ardor  advanced  and  supported  I  still  cherish  and  maintain.  In  other 
situations  they  have  been  frankly  and  freely  avowed,  and  the  public  are 
in  possession  of  them.  They  are  briefly  these : 

The  perpetuity  of  the  Union  in  the  spirit  and  terms  of  the  national 
compact. 

The  sovereignty  of  the  States  and  the  inviolable  security  of  their 
reserved  rights. 

If  these  cardinal  points  are  observed  with  scrupulous  integrity  by  the 
confederate  and  State  authorities,  I  shall  have  no  fears  for  the  Repub 
lic,  and  we  may  all  yet  live  to  witness  the  prosperity  and  happiness  of 
the  people  of  these  United  States;  the  temple  of  liberty  will  be  unde- 
filed  by  the  demon  of  discord,  and  our  beloved  country,  which  has  been 
emphatically  styled  the  refuge  of  the  oppressed,  shall  still  continue  to 
be  the  sacred  sanctuary  of  all  who  seek  the  inestimable  rights  of  man. 

The  day  you  are  about  to  celebrate  is  sacred  to  liberty.  In  your  com 
memoration  of  the  great  events  to  which  it  gave  birth  I  most  heartily 
unite  in  feeling,  and  tender  you  the  following  sentiment  as  appropriate 
to  the  occasion : 

*'  The  Patriotism  that  engendered,  the  Firmness  that  resolved,  and 
the  Wisdom  that  planned  the  Declaration  of  1776:  May  the  same  Patri 
otism,  Firmness  and  Wisdom  forever  animate,  nerve  and  direct  the  peo 
ple  of  these  United  States." 

Be  pleased  to  present  my  respectful  consideration  to  the  Union  and 
State  Eights  Party,  and  at  the  same  time  receive  for  yourselves  the 
assurances  of  the  regard  with  which  I  am,  gentlemen,  your  fellow-citi 
zen,  etc. 

JOHN  L.  WILSON. 

LETTER  FROM  HON.  HENRY  MIDDLETON. 

CHARLESTON,  June  10,  1831. 

Samuel  II.  Dickson  J.  Harleston  Read,  E.  P.  Starr,  Committee  of  Invitation: 
GENTLEMEN, — I  have  the  honor  to  acknowledge  the  receipt  of  your 
polite  invitation  to  dine  with  the  Union  and  State  Rights  Party  on  the 
Fourth  of  July  next. 

Few  circumstances  could  be  more  gratifying  to  me  than  assisting  at 
the  celebration  of  that  anniversary  surrounded  by  my  friends  and  fel 
low-citizens.  But  considerations  relative  to  the  health  of  my  family 
(long  estranged  from  our  climate)  force  me  to  seek  a  more  mild  tem 
perature  during  the  summer  months,  and  our  embarkation  for  the  North, 
fjxed  for  the  middle  of  this  month,  will  necessarily  prevent  my  accep 
tance  of  the  invitation. 


92  LIFE  AVT)  TIMES  OF  C.  0.  MEMMINGER. 

I,  therefore,  pray  you,  gentlemen,  to  convey  to  my  fellow-citizens  of 
the  Union  and  State  Eights  Party  the  expression  of  my  regret  on  this 
occasion,  and  to  accept  for  yourselves  my  most  friendly  salutations  and 
good  wishes. 

HENRY  MIDDLETON. 

LETTER  FROM  HON.  JOHN  B.  O'NEALL. 

SPRINGFIELD,  June  28, 1831. 
Samuel  II.  Dickson,  J.  Harleston  Read,  E.  P.  Starr,  Committee  of  Invitation: 

GENTLEMEN, — I  received  on  my  return  from  Columbia  your  invitation 
to  participate  with  the  Union  and  State  Rights  Party  in  commemorating 
the  Fourth  of  July  in  Charleston. 

I  regret  that  it  is  out  of  my  p*ower  to  unite  with  my  friends  in 
Charleston  in  doing  honor  to  the  day  which,  above  all  others,  should  be 
honored  by  every  citizen  of  the  United  States.  On  that  day  I  am  com 
pelled,  in  the  discharge  of  my  official  duties,  to  be  at  the  extra  court 
ordered  then  to  commence  its  session  at  Newberry  courthouse. 

You  thought,  truly,  that  my  sentiments  accorded  with  those  of  your 
party.  I  regard  the  Union  of  the  States  as  essentially  necessary  to  the 
preservation  of  the  liberty  and  happiness  of  this,  as  well  as  all  the  other 
States.  Anything  which  is  calculated  to  destroy  it,  or  weaken  the 
attachments  of  our  citizens  to  it,  has,  and  I  trust  always  will,  meet  with 
my  decided  disapprobation. 

.Permit  me  to  give  you  a  sentiment: 

"  Our  Country,  our  whole  Country,  and  nothing  but  our  Country." 

Accept,  gentlemen,  the  assurances  of  the  great  respect  and  conside~ 
ration  with  which  I  subscribe  myself,  your  obedient  servant, 

JOHN  B.  O'NEALL. 

LETTER  FROM  MR.  STEPHEN  THOMAS,  A  REVOLUTIONARY  SOLDIER. 

CHARLESTON,  June  17,  1831. 

Samuel  II.  Dickson,  J.  Ilarleston  Read,  E.  P.  Starr,  Committee  of  Invitation: 
GENTLEMEN, — I  have  to  acknowledge  the  receipt  of  your  kind  commu 
nication  of  the  4th  instant,  informing  me  that  you  are  instructed  to  in 
vite  me  to  partake  of  the  feast  to  be  given  by  the  Union  and  State 
Rights  Party  on  the  Fourth  of  July  next.  As  I  am  entirely  of  the  same 
opinion  with  my  fellow-citizens  who  compose  that  very  respectable  party, 
I  feel  myself  highly  gratified  to  have  the  honor  of  associating  with  the 
real  and  true  friends  of  our  beloved  country  in  celebrating  that  ever-to- 
bc-remembered  national  anniversary.  I  accept  with  great  pleasure  their 
very  polite  invitation,  and  shall  attend  (if  a  kind  Providence  please  to 
spare  my  life  and  health)  wherever  they  have  appointed  to  meet. 


UNION  PARTY  CELEBRATE.  93 

Be  pleased  to  present  to  that  honorable  body  my  sincere  thanks  for 
their  kind  favor,  and  to  you  individually,  gentlemen,  permit  me  to  offer 
my  grateful  sense  for  the  very  polite  manner  with  which  you  have  been 
pleased  to  communicate  the  invitation, 

I  am,  with  real  esteem  and  regard,  very  respectfully  yours, 

STEPHEN  THOMAS. 

FKOM  MB.  MORTON  WAKING,  A  REVOLUTIONARY  SOLDIER. 

CHARLESTON,  June  10,  1831. 

Samuel  H.  Dickson,  J.  Harleston  Read,  E.  P.  Starr,  Committee  of  Invitation: 
GENTLEMEN, — It  would  indeed,  gentlemen,  be  peculiarly  gratifying  to 
me  to  unite  with  so  respectable  a  portion  of  my  fellow-citizens  in  cele 
brating  the  anniversary  of  our  country's  independence ;  but  in  obedience 
to  the  admonitions  of  age,  I  have  long  since  withdrawn  myself  from  the 
society  of  large  and  crowded  assemblies.  For  this  reason  alone  I  most 
respectfully  decline  your  very  polite  and  nattering  invitation  for  the 
approaching  Fourth  of  July.  In  doing  this,  I  cannot  but  avail  myself  of 
the  opportunity  which  it  affords  of  assuring  you  that  I  reciprocate  most 
heartily  with  you  and  "  the  Union  and  State  Rights  Party  "  all  the  feel 
ings  and  sentiments  which  should  animate  Americans  on  every  recur 
rence  of  their  glorious  anniversary.  Permit  me,  gentlemen,  to  offer  a 
sentiment,  in  which  I  hope  all  will  accord. 

"The  Principles  and  Spirit  of  76:  We  will  cherish  and  perpetuate 
them." 

With  great  respect,  gentlemen,  I  remain  your  obedient  servant, 

MORTON  WARING. 

FROM  MR.  B.  LANNEAU,  A  REVOLUTIONARY  SOLDIER. 

CHARLESTON,  June  25,  1831. 
Samuel  II.  Dickson,  J.  Harleston  Read,  E.  P.  Starr,  Committee  of  Invitation: 

GENTLEMEN, — Were  it  not  for  the  infirmities  of  extreme  old  age, 
which  now  confine  me  to  the  precincts  of  my  own  habitation,  it  would 
give  me  unfeigned  pleasure  to  accept,  through  you,  the  very  polite  invi 
tation  of  the  Union  and  State  Rights  Party  in  the  proposed  celebration 
of  the  approaching  anniversary  of  American  Independence — a  day  which 
you  have  proudly  recalled  to  my  recollection  by  alluding  to  the  feeble 
services  I  may  have  rendered  our  common  country  in  her  glorious  strug 
gle  for  independence  and  liberty. 

The  remembrance  of  the  eventful  Fourth  of  July,  76,  will  not,  can 
not,  fail  to  awaken  the  warmest  gratitude  of  a  nation  of  enlightened 
freemen — and  although  denied  the  privilege  of  uniting  with  you  in  per 
son  on  the  return  of  that  memorable  day,  I  shall,  nevertheless,  be  with 
you  in  spirit. 


94  LIFE  AND  TIMES  OF  C.  G.  MEMHINGER. 

Permit  me,  however,  gentlemen,  in  conclusion,  to  assure  you  of  my 
honest  attachment  to  the  interests  of  the  cause  you  are  engaged  to  pro 
mote — and  to  offer  through  you,  on  the  approaching  celebration,  as  the 
sentiment  I  feel,  in  the  words  of  the  motto  you  have  adopted  as  desig 
nating  your  party — 

"  Union  and  State  Right." 
With  sentiments  of  respect,  I  remain  your  obedient  servant, 

BAZILE  LANNEAU. 

LETTER  FROM  THE  HON.  STARLING  TUCKER. 

LAURENS  COURTHOUSE,  S.  C.,  July  6,  1831. 

Samuel  H.  Dickson,  J.  Harleston  Read,  E.  P.  Starr,  Committee  of  Invitation : 
GENTLEMEN, — Your  kind  invitation  of  the  4th  June  last,  I  received  at 
Laurens  courthouse  on  the  4th  instant.  It  would  have  afforded  me 
much  pleasure  to  comply  with  your  kind  invitation,  but  I  never  received 
your  letter  until  the  day  you  invited  me  to  attend.  In  regard  to  the 
great  political  question,  etc.,  I  very  much  regret  that  there  is  so  great 
a  difference  among  us.  I  believe,  however,  if  we  act  prudently  and  re- 
elect  General  Jackson  President,  and,  I  think,  Judge  Smith  Vice-Presi 
dent,  that  our  beloved  country  will  yet  be  saved.  I  am  for  State  Eights 
and  the  Federal  Union.  I  am  for  General  Jackson's  re-election  to  the 
Presidency,  and  Judge  Smith  Vice-President. 

I  am,  gentlemen,  in  haste,  your  obedient,  humble  servant, 

STARLING  TUCKER. 

LETTER  FROM  JOSEPH  KOGER,  JR. 

ST.  GEORGES,  July  6,  1831. 

Samuel  II.  Dickson,  J.  Harleston  Read,  E.  P.  Starr,  Committee  of  Invitation: 
GENTLEMEN, — Your  invitation  to  dine  with  the  Union  and  State 
Rights  Party  in  Charleston,  on  the  Fourth  of  July,  has  this  moment 
come  to  hand.  It  would  have  afforded  me  much  pleasure  to  celebrate 
the  day  with  you  had  your  invitation  been  received  in  time ;  but  as  I 
have  been,  through  unavoidable  circumstances  deprived  of  that  pleas 
ure,  permit  me  to  offer  the  following  sentiment,  nunc  pro  tune: 

"  The  Union  and  State  Rights  Party  of  South  Carolina :  Nothing  is 
lacking  but  unity  of  action.  Let  our  motto  be  measures,  not  men.  Let 
us  take  a  pull,  a  strong  pull,  and  a  pull  altogether,  and  with  the  bless 
ings  of  Providence  the  victory  will  be  ours. 

I  am,  gentlemen,  very  respectfully,  your  friend  and  servant, 

Jos.  KOGER,  JR. 

VOLUNTEER  TOASTS. 

By  the  Hon.  William  Drayton,  the  Orator  of  the  Day.  The  Counsels 
of  Washington :  The  observance  of  them  their  highest  eulogy. 


UNION  PARTY  CELEBRATE.  95 

By  J.  R.  Pringle,  President  of  the  Day.  South  Carolina:  Our  affec 
tion  to  her  is  best  evinced  by  our  attachment  to  the  Union.  • 

By  Gen.  Daniel  E.  Huger,  reader  of  Washington's  Farewell  Address, 
and  one  of  the  Vice-Presidents.  The  States  and  People :  The  deposito 
ries  of  reserved  power — the  only  constitutional  check  upon  federal  leg 
islation.  One  of  the  States  can  no  more  apply  this  check  than  one  of 
the  people ;  a  majority  of  either  may. 

By  Col.  Jacob  Sass,  a  Revolutionary  officer,  and  one  of  the  Vice-Presi 
dents.  The  Union  of  these  States:  Devised  by  the  wisdom  of  Franklin, 
cemented  by  the  blood  of  patriots,  and  enjoined  in  the  Farewell  Address 
of  our  beloved  Washington ;  may  the  prayers  of  the  few  survivors  of 
our  Revolutionary  struggle  be  heard,  that  God  may  forever  preserve  us 
a  free  and  united  people. 

By  Thomas  Corbett,  one  of  the  Vice-Presidents.  The  Union,  Popular 
and  Federal :  We  know  its  cost,  perceive  its  wisdom,  and  feel  its  value. 
We  will  cherish  it  with  patriotic  devotion. 

By  Judge  Lee,  one  of  the  Vice-Presidents :  The  City  of  Charleston : 
True  to  the  Union,  she  has  always  "frowned  indignantly  on  the  first 
dawnings  of  every  attempt  to  alienate  any  portion  of  our  country  from 
the  rest,  or  to  enfeeble  the  sacred  ties  which  now  link  together  the  va 
rious  parts." 

By  Dr.  Philip  G.  Prioleau,  one  of  the  Vice-Presidents.  The  Farewell 
Address  of  Washington,  the  Father  of  his  Country:  May  it  be  remem 
bered  with  reverence,  and  its  precepts  held  sacred. 

By  William  Bell,  one  of  the  Vice-Presidents.  My  Country,  my  whole 
Country,  and  nothing  but  my  Country. 

By  R.  Godard,  one  of  the  Vice-Presidents.  To  our  political  oppo 
nents  we  have  neither  enmity  or  ill-will ;  we  join  and  concur  with  them 
in  reprobating  the  system  that  weighs  upon  us,  and  only  differ  as  to  the 
means  of  redress. 

By  James  L.  Petigru,  Esq.,  one  of  the  Vice-Presidents.  The  Memory 
of  Abraham  Nott,  an  able  and  upright  Judge :  His  mind  was  enlight 
ened  by  knowledge,  and  his  judgment  equally  free  from  the  disturbing 
influences  of  passion,  or  the  blind  admiration  of  theory. 

By  the  Hon.  Thomas  Bennett,  one  of  the  Vice-Presidents.  Our  Dele 
gates  to  the  Anti-Tariff  Convention  to  be  held  at  Philadelphia:  May 
their  measures  vindicate  the  motives  of  those  who  send  them,  appease 
the  political  strife  that  affects  us,  and  secure  the  permanent  interests  of 
our  beloved  State. 

By  the  Hon.  Thomas  Lowndes,  one  of  the  Vice-Presidents.  The 
Union :  Its  friends  may  differ  as  to  the  expediency  of  measures,  but 
never  as  to  its  value  or  preservation. 

By  James  Marsh,  one  of  the  Vice-Presidents.  May  the  excitement  of 
political  opinion  in  South  Carolina  be  moderated  to  a  healthful  state  by 
the  zephyrs  of  Wisdom  and  Patience. 


96  LIFE  AND  TIMES  OF  C.  G.  MEXMINGER. 

By  the  Hon.  Thomas  S.  Grimke,  one  of  the  Vice-Presidents.  The 
Union :  We  will  calculate  its  value  when  we  have  forgotten  its  founders. 

By  the  Hon.  James  Lowndes,  one  of  the  Vice-Presidents.  The  Union 
of  the  States :  Nothing  short  of  insufferable  oppression  actually  felt,  and 
not  inferred  from  false  or  doubtful  premises,  should  make  a  wise  man 
wish  for  its  dissolution. 

By  M.  King,  Esq.,  one  of  the  Vice-Presidents.  Agriculture,  Manu 
factures  and  Commerce:  Equal  protection  to  all;  exclusive  privileges 
to  none. 

By  Dr.  James  Moultrie,  Jr.,  one  of  the  Vice-Presidents.  The  Memory 
of  General  Washington  :  The  man  who  was  "  among  the  first  to  discover 
the  cause  and  point  out  the  remedy"  for  the  following  evils: 

"From  want  of  vigor  in  the  Federal  head,  the  United  States  were 
fast  dwindling  into  separate  sovereignties,"  etc. — Ramsay's  Life  of  Wash 
ington,  p.  216. 

"  Requisitions  are  actually  little  better  than  a  jest  and  bye-word 
throughout  the  land.  If  you  tell  the  Legislatures  they  have  violated 
the  treaty  of  peace,  and  invaded  the  prerogatives  of  the  confederacy, 
they  will  laugh  in  your  face." — George  Washington  (Ramsay's  Life,  p.  219.) 

By  George  Edwards,  Esq.,  one  of  the  Vice-Presidents.  The  Federal 
Constitution :  Conceived  in  wisdom,  may  it  be  preserved  in  its  purity, 
and  all  its  provisions  executed  with  firmness — true  guarantees  of  Union 
and  State  Rights. 

By  Dr.  V.  Le  Seigneur,  one  of  the  Vice-Presidents.  The  Hon.  "Win. 
Drayton,  Orator  of  the  Day:  May  the  force  of  his  arguments,  backed  by 
the  splendor  of  his  eloquence,  gather  under  one  banner  the  chivalric 
sons  of  the  South.  May  internal  dissensions  never  compel  them  to  call 
upon  others  for  that  assistance  which  they  once  so  generously  extended 
to  the  unfortunate  exiles  of  St.  Domingo,  and  may  that  banner  be 
forever  unchanged  and  undimmed — the  brilliant  stars  and  stripes  which 
now  so  proudly  float  over  our  heads.  Liberty  and  Union  forever ! 

By  Col.  Simon  Magwood,  one  of  the  Vice-Presidents.  Our  Country, 
the  seat  of  Happiness :  May  we  long  continue  to  appreciate  its  blessings 
and  keep  at  bay  new  doctrines  that  might  bring  on  premature  decrepi 
tude. 

By  Col.  Cross,  one  of  the  Arice-Presidents.  Agriculture,  Commerce, 
Manufactures  :  Even-handed  Justice  to  them  all. 

By  Col.  B.  F.  Hunt,  one  of  the  Vice-Presidents:  The  enlightened 
patriot  trembles  with  holy  fear  for  his  country  at  the  ill-boding  word 
disunion,  for  it  implies  an  exchange  of  a  government  of  the  majority  of 
the  representatives  of  an  enlightened  and  virtuous  people,  restrained 
by  a  written  Constitution  and  their  own  responsibility,  for  revolutionary 
tribunals,  which  in  every  age  and  in  every  country  have  been  "  gov 
ernments  practically  without  limitation  of  powers." 


UNION  PARTY  CELEBRATE.  97 

The  following  letter  from  Nicholas  Harleston,  Esq.,  one  of  the  Vice- 
Presidents,  was  read : 

Bossis.  July  1, 1831. 
To  the  Committee  of  Arrangements: 

GENTLEMEN, — I  much  fear  that  the  indisposition  of  one  of  my  sons, 
who  is  at  this  time  in  the  country  with  me,  and  whose  situation  claims 
my  immediate  attention,  will  deprive  me  of  the  pleasure  that  I  fully  had 
in  expectation  of  dining  with  the  Union  and  State  Rights  Party  to  com 
memorate  our  National  Independence,  on  a  day  that  should  have  met 
all  true  Americans  united  as  they  were  heretofore  in  support  of  the  laws 
of  their  common  country. 

You  will,  therefore,  sir,  have  the  goodness  to  excuse  me  before  the 
Committee  of  Arrangements,  and  to  say  to  them  that  although  I  shall 
be  unavoidably  absent,  yet  my  heart  will  beat  in  perfect  unison  with 
those  sentiments  that  the  TJnion  and  State  Rights  Party  have  ever  main 
tained  in  support  of  the  honor  and  prosperity  of  our  happy  country  as 
yet  it  stands.  Should  a  toast  be  expected  from  me,  which  is  sometimes 
the  case,  I  beg  the  favor  of  you  to  offer  those  which  I  shall  enclose,  but 
by  no  means  to  push  them  forward,  as  undoubtedly  there  will  be  an 
over-sufficient  number  of  superior  merit.  Wishing  you  all,  on  the  great 
day  of  rejoicing,  much  pleasure,  good  humor  and  friendship,  I  remain, 
dear  sir,  very  respectfully,  your  obedient  servant, 

NICHOLAS  HARLESTON. 

By  Nichplas  Harleston,  Esq.,  one  of  the  Vice-Presidents :  A  perpetual 
confederation  of  these  United  States  and  a  speedy  downfall  to  all 
intriguing  and  ambitious  demagogues  who  would  insiduously  or  openly 
mislead  the  virtuous  citizen  from  his  contented  and  happy  State. 

By  Col.  Cross,  in  behalf  of  the  Committee  of  Arrangements.  The  Con 
stellation  of  the  American  Union :  May  its  brilliancy  never  be  dimin 
ished  by  the  occultation  of  a  single  star. 

By  the  President  of  the  Day.  Our  Respected  Guests:  Consuls  from 
France,  Portugal,  Prussia,  Sweden,  Norway  and  Denmark,  the  Nether 
lands,  Brazil,  and  the  two  Sicilies. 

Mr.  Trapmann,  Consul  of  Prussia,  rose  and  said: 

"  Mr.  President,  Gentlemen  of  the  Union  and  State  Rights  Party, — In 
the  name  of  my  respected  brother  Consuls,  and  for  myself,  I  thankfully 
acknowledge  the  honor  you  have  just  conferred  upon  us,  and  beg  leave 
in  return  to  offer  the  following  toast : 

"  The  Constitution  and  Government  of  the  United  States :  May  they 
continue  undisturbed — what  they  have  now  been  for  more  than  half  a 
century — the  admiration  of  the  world." 

By  M.  Hersant,  the  French  Consul.  The  Union  of  the  States :  May 
that  beautiful  fabric,  whose  corner-stone  was  laid  on  the  Fourth  of  July, 
4776,  whose  construction  was  afterwards  cemented  by  American  and 
7 


98  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

French  blood,  and  completed  on  the  19th  October,  1781,  stand  forever  to 
serve  as  a  beacon  for  the  lovers  of  National  Liberty. 

By  Jacob  R.  Valk,  Consul  of  the  Netherlands.  The  Farewell  Address 
of  the  great  and  good  Gen.  Washington :  May  its  admonitions  be  cher 
ished  with  filial  veneration  by  and  engraven  on  the  hearts  of  every 
American,  as  the  rock  of  their  political  peace,  happiness,  and  prosperity. 

By  Jas.  H.  Ladson,  Vice-Consul  for  Denmark.  The  United  States  of 
America  the  admiration  of  Foreigners:  The  Union  of  its  parts  and  har 
mony  of  the  whole  are  best  appreciated  at  a  distance. 

By  Judge  Jolfnson.  The  New  Cabinet:  It  commands  the  confidence 
of  the  people;  the  old  Republicans  look  to  it  with  anxious  expectation. 

By  W.  Hasell  Gibbes,  Esq.,  a  soldier  of  the  Revolution.  The  memory 
of  Major  Charles  Shepheard  and  others  of  the  Charleston  militia  who 
fell  in  the  attack  on  Savannah ;  also,  of  Lieut.  Wilkins  and  others,  who 
fell  in  the  attack  of  the  enemy  on  Beaufort  Island. 

By  Isaac  Course,  a  citizen  soldier  of  '76.  The  real  Patriots  of  the 
present  day:  Emulating  their  illustrious  sires  of  old  in  perpetuating 
the  blessings  bequeathed  the  American  family,  and  nobly  sustaining 
their  existing  government,  founded  on  equal  representation  and  Union. 

By  Col.  Steedman.  The  Memory  of  Thomas  Jefferson,  the  Apostle  of 
Liberty  and  of  State  Rights :  Pie  declared  for  the  first,  and  steadfastly 
supported  the  last. 

By  N.  Harleston,  Esq.  The  memory  of  the  brave  Count  Pulaski: 
He  died  contending  nobly  and  generously  for  our  liberties;  let  us,  then, 
do  honor  to  his  name  by  sympathizing  with  his  gallant  countrymen,  at 
this  time  struggling  for  their  own  freedom. 

By  Dr.  F.  Y.  Porcher,  of  the  Committee  of  Arrangements.  The  two 
great  Political  Parties  in  our  State:  Let  the  contest  be  conducted  with 
open,  manl^y,  and  honorable  feelings;  and  the  question  decided  by  the 
prudence,  intelligence,  and  good  sense  of  the  people. 

By  Capt.  Thos.  H.  Jervey.    Charity  to  those  who  differ  from  us. 

By  Col.  William  Lance.  Disunion :  The  Forbidden  Tree  in  the  Eden 
of  Liberty.  "  In  the  day  that  thou  eatest  thereof,  thou  shalt  surely  die." 

By  "VV.  G.  Sims.  The  State  of  our  Union  and  the  Union  of  our  States : 
What  God  hath  put  together  let  no  man  put  asunder. 

By  Dennis  Kane,  of  the  Committee  of  Arrangements :  The  Union  and 
State  Rights  party  will  yield  to  none  in  attachment  to  the  Constitution, 
the  rights  of  South  Carolina,  and  in  a  firm  and  zealous  opposition  to  the 
present  mischievous,  illegal  and  unjust  tariff. 

By  F.  Isley,  Jr.  Freedom  of  Opinion  :  The  greatest  blessing  we  enjoy 
in  this  free,  this  happy  republic — without  it  in  1830  we  should  indeed 
have  been  submission  men  to  the  "  Exclusives  "  of  the  South  in  1831. 

By  Richard  Yeadon,  Jr.  Our  Country,  Our  Whole  Country:  Not 
circumscribed  within  the  narrow  limits  of  a  single  State,  but  co-extern 
sive  with  the  broad  expanse  of  our  glorious  confederacy. 


UNION  PARTY  CELEBRATE.  99 

By  Bartholomew  Carroll :  Let  Government  cherish  and  protect  the 
agricultural  and  mechanic  arts.  Would  we  be  commercial  ?  Would  we 
oe  rich  ?  Would  we  be  great  and  powerful?  These  are  their  true  ele 
ments. 

By  Moses  Abrahams.  South  Carolina:  A  bright  star  in  our  land  of 
Liberty:  May  she  never  forget  that  her  sons  are  freemen,  and  may  the 
Union  be  preserved,  even  at  the  expense  by  which  it  was  obtained — our 
lives  and  fortunes. 

By  James  Smith  Colburn.  The  Union  of  the  States:  There  will 
always  be  reason  to  distrust  the  patriotism  of  those  who  in  any  quarter 
may  endeavor  to  weaken  its  bonds. 

By  W.  Wall,  a  soldier  of  the  Revolution  :  Distracted  be  the  brain  and 
palsied  be  the  hand  that  would  separate  the  Union  and  destroy  the  Lib 
erty  of  this  happy  land. 

By  Dr.  Wagner,  one  of  the  Committee  of  Arrangements.  The  Poto 
mac  :  On  its  Yv^estern  banks  the  ashes  of  our  Vvrashington,  on  its  Eastern 
the  monument  to  his  glory.  Who  dare  make  its  consecrated  waters  the 
division  line  of  these  United  States  ? 

By  Arch'd  Brown :  Free  Trade,  and  such  of  its  advocates  as  are  for 
submission  to -the  laws  of  their  country,  though  they  may  want  faith  as 
to  their  expediency. 

By  Mr.  J.  X.  Barillon,  Deputy  Secretary  of  State.  The  Union  Party 
of  Charleston  and  the  People  of  the  up-country :  Alike  bound  by  prin 
ciple  and  love  of  country ;  any  assertions  of  the  nullifiers  to  the  contrary 
notwithstanding. 

By  Mr.  Willington.  Lafayette:  The  early,  devoted,  and  efficient 
friend  of  American  Liberty — May  his  last  days  not  be  embittered  by  the 
nullification  of  that  national  glory  for  which  he  contended  in  the  days 
of  his  youth. 

By  J.  AY.  Sommers  of  St.  Paul's  Parish.  The  City  of  Charleston  :  The 
abode  of  intelligence, "patriotism,  and  valor— though  torn  by  party  dis 
sension,  still  steadfast  to  the  Union. 

By  J.  II.  Head.  The  American  Constitution  :  The  ark  of  our  national 
covenant — it  will  be  preserved  by  the  Union  and  State  Eights  Party 
throughout  our  State  from  the  profane  touch  of  delusion  and  of  faction. 

By  Col.  Thomas  D.  Condy.  The  Union  of  the  States:  Like  Ccesar's 
bridge,  the  greater  the  pressure,  the  firmer  it  stands. 

By  Dr.  A.  V.  Toomer.  The  United  States  of  America:  Blest  with  the 
best  form  of  government,  they  have  set  an  example  which  is  stripping 
royalty  and  aristocracy  of  their  robes  and  revolutionizing  the  world. 
Let  not  Carolina  throw  an  obstacle  in  the  way. 

By  Thomas  W.  Mordecai.  William  Drayton  :  The  wise  and  fearless 
statesman ;  the  American  patriot !  The  cause  he  advocates  is  his  coun 
try's;  the  temple  he  defends  is  the  palladium  of  her  liberty!  Millions 
of  freemen  yet  unborn  will  bless  his  name. 


100  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

By  Capt.  Alexander  M'Donald.  The  United  States  of  America :  The 
last  refuge  of  the  persecuted  patriot — May  her  Spangled  Banner  be 
handed  down  to  future  generations  without  one  star  obscured,  one 
stripe  erased. 

By  Dr.  De  La  Motta.  The  present  state  of  the  Union:  A  compound 
of  opposite  principles,  cast  in  the  crucible  of  political  dissension — should 
the  fire  of  patriotism  be  insufficient  to  produce  permanent  amalgama 
tion,  may  a  Congress  of  refiners  devise  such  process  as  will  ultimately 
succeed  in  an  abundant  supply  and  equal  distribution  of  the  pure  metal. 

By  Col.  Eichard  Yeadon.  The  Union  :  In  the  language  of  our  orator, 
"  He  who  could  calmly  contemplate  its  dissolution,  must  be  either  more 
or  less  than  man." 

By  Charles  E.  Rowand,  Esq.  Col.  William  Drayton:  Integer  vitx, 
scelcrisque  purus. 

By  N.  Harleston  Rutledge.  The  States  of  the  Union  :  They  are  "  the 
feathers  "  which  "  adorn  "  it,  and  power  which  "  supports  "  it  in  its  "flight" 
to  glory;  shame,  shame,  eternal  shame  to  him,  who  would  "strip  it  of 
its  plumage,"  and  thus  hurl  it  into  the  gloomy  sepulchres  of  empires 
that  were. 

By  Joshua  Toomer.  The  40  per  cent,  sophistry  of  a  distinguished 
Politician  :  Too  highly  sublimated  to  impose  long  on  Carolinians. 

By  Dr.  Horatio  S.  Waring.  The  sound  Religious  Virtue  of  Washing- 
tion  :  The  true  basis  of  government ;  the  guarantee  of  a  nation's  safety. 

By  William  Robinson,  Esq.  The  Freedom  of  the  Press :  An  enlight 
ened  people,  jealous  of  their  liberties,  will  frown  with  indignation  upon 
him  who  would  r'are  to  violate  its  sanctity,  even  under  the  influence  of 
party  excitement. 

By  Col.  William  H.  Wilson  •'  The  Crisis  " :  "  Dat  Deus  immiti  cornua 
curta  bovi." 

By  Theodore  Gaillard,  one  of  the  Marshals  of  the  day.  The  true  Re 
publican  Party :  Who  evince  their  regard  for  State  Rights  by  the  love 
of  the  Union,  and,  relying  upon  the  good  sense  and  virtue  of  their  fel 
low-citizens,  combat  error  with  reason. 

By  James  II.  Smith,  one  of  the  Stewards.  Nullification :  That  slough 
of  despondency — Who  would  not  be  glad  to  get  out  of  it  when  he  once 
has  got  in  ? 

By  William  B.  Pringle.  The  People  of  South  Carolina :  They  repro 
bate  alike  the  principle  and  the  operation  of  the  tariff;  but  in  their  op 
position  to  it,  they  will  beware  of  the  delusion  of  those  politicians  who 
would  confound  revolutionary  with  constitutional  resistance. 

By  B.  F.  Pepoon.  The  State  of  South  Carolina :  She  is  not  repre 
sented  by  those  who  breathe  the  spirit  of  disunion. 

By  John  Phillips.  The  Palmetto:  Unsullied  honor  and  chivalrous 
courage  made  it  South  Carolina's  laurel.  It  was  regenerated  into  glory 


UNION  PARTY  CELEBRATE.  101 

by  the  patriot's  blood,  not  the  serpent's  slime.  It  was  impregnable 
when  o'er  it  waved  its  country's  standard,  not  from  being  intertwined 
with  subtility  and  poison. 

By  Randell  Hunt,  Esq.,  one  of  the  Stewards.  The  Federal  Union : 
The  source  of  our  national  existence,  of  our  prosperty,  our  strength,  and 
our  glory — the  best  security  for  State  independence  and  individual 
freedom. 

By  H.  Trescot.  The  twenty-four  United  States  of  America :  Drawn 
together  by  a  bond  of  Union  and  love  too  strong  to  be  broken  by  the 
efforts  of  any  demagogue,  whether  he  assume  the  name  of  Brutus  or  of 
Phcecion. 

By  James  Haig.  The  Doctrine  of  Nullification  :  Learned  lawyers  and 
political  agitators  do  well  to  seek  its  exposition  and  defence  in  musty 
records  and  rebellious  precedents.  Our  common  sense  patriotism  ac 
knowledges  no  such  authority. 

By  John  L.  Strohecker.  The  Hon.  William  Drayton :  A  stumbling 
block  to  the  disunion  party. 

By  Edward  J.  Pringle.  Our  differences  with  the  General  Govern 
ment:  May  they  end  like  the  quarrels  of  lovers,  in  the  renewal  of  love. 

By  Major  Clark.  The  Yankee  :  However  grossly  villified,  whenever 
the  sound  sense  and  solid  patriotism  of  South  Carolina  shall  require  his 
services,  by  the  spirits  of  Greene  and  Lincoln,  he  will  not  be  found 
'wanting. 

By  S.  Chapman.  The  Youth  of  South  Carolina :  May  they  look  to  the 
welfare  and  glory  of  their  common  country,  and  not  be  led  astray  by 
deluded,  ambitious,  and  disappointed  politicians. 

By  Tristam  Tupper.  Union,  Liberty,  and  Peace:  Are  they  worth 
preserving  ? 

By  J.  B.  Thompson,  one  of  the  Stewards.  The  Confederated  Re 
publics  of  America:  When  the  empires  of  European  despotism  shall 
have  crumbled  into  dust,  may  they  stand  unshaken,  the  home  and  the 
refuge  of  liberty. 

By  John  W.  Brisbane.  South  Carolina:  May  she  always  be  all  she 
ought  to  be. 

By  R.  Y.  Livingston.  A  true  citizen  of  the  United  States  should  have 
no  other  party  prejudice  than  enmity  to  the  foes  of  his  country. 

By  Mr.  Morris.  Our  Sister  State  Virginia:  The  first  to  assert  her 
rights,  the  last  to  submit  to  their  infringement.  "Where  the  ball  of  the 
Revolution  received  its  first  impulse,  there  also  is  felt  that  oppression 
which  dictates  to  South  Carolina  to  calculate  the  value  of  the  Union." 
Virginia  resisted  then  to  establish  liberty  and  Union,  she  suffers  now 
that  they  may  be  preserved. 

By  Col.  Memminger.  The  Virginia  Resolutions  of  1798:  The  true 
exposition  of  the  doctrines  of  State  Rights;  they  have  once  prevailed 


102  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

over  the  advocates  of  implied  powers — they  reject  the  proffered  alli 
ance  of  nullification. 

By  Jeremiah  Murden.    The  Constitution  :    Our  best  bower  cable. 

By  Capt.  Isaac  S.  Coffin.  The  Union  and  Independence  of  these 
United  States :  The  legacy  of  our  forefathers,  the  price  of  their  blood. 
Esto  perpetua. 

By  F.  G.  Rolands.  The  Union  Party  of  Charleston :  A  grand  moral 
spectacle,  presenting  patriots  of  all  parties  laying  aside  their  minor 
differences,  to  co-operate  in  the  holy  task  of  preserving  that  great  work 
— American  Liberty. 

By  E.  S.  Duryea,  one  of  the  Stewards.  The  United  States  of  America: 
While  united  under  our  present  form  of  government  always  happy ;  once 
divided,  no  matter  under  what  flag,  worse  than  miserable. 

By  .Paul  Eooney.  The  Hon.  William  Drayton  :  The  political  doctor, 
who  has  dissected  the  monster  called  nullification,  and  saved  the  deluded 
and  ignorant  by  administering  the  constitutional  balsam  of  restoration, 
which  brings  them  back  to  thsir  allegiance. 

By  Henry  V.  Toomer.  The  revolutionary  Demons,  Convention  and 
Nullification :  Turned  out  of  Pandora's  box  to  create  civil  war,  with  all 
its  attendant  horrors,  may  the  voice  of  Carolina  hurl  them  far  into  the 
ocean. 

By  Samuel  W.  Doggctt.  To  the  memory  of  Charles  Cotesworth 
Pinckney:  May  his  political  views  check  the  mad  career  of  our  political 
opponents;  we  offer  for  their  consideration  his  own  words:  "All  at 
tempts  to  weaken  the  Union  by  maintaining  that  each  State  is  sepa 
rately  and  individually  independent,  is  a  species  of  political  heresy 
which  can  never  benefit  us,  but  may  bring  on  the  most  serious  dis 
tresses." 

By  Wm.  S.  Blain.  The  Patriots  of  France,  Poland,  Belgium,  and 
Ireland:  Their  sufferings,  devotion  and  example  in  the  cause  of  human 
liberty,  admonish  the  emigrant  citizens  not  to  hazard  lightly  the  bless 
ings  they  enjoy.  They  aro  bound  by  their  oath  of  citizenship,  by  grat 
itude,  by  the  hopes  and  miseries  of  their  native  land,  to  unite  with  the 
man  of  the  people,  the  illustrious  Jackson,  in  preserving  forever  the 
integrity  of  the  only  free  nation  on  earth  that  has  the  power  and  the 
will  to  give  an  asylum  to  the  oppressed. 

By  J.  W.  Bouse.  Wm.  Drayton,  Daniel  E.  Huger,  James  R.  Pringle, 
James  L.  Petigru:  Luminous  stars  in  our  country's  constellation;  pa 
triots  and  statesmen,  who  will  defend  with  their  eloquence  and  energy 
the  rights  of  their  State,  and  still  preserve  the  Union. 

By  C.  Cassin.  If  the  people  are  educated,  if  the  Press  is  free,  if  the 
friends  of  order  be  firm  and  united,  the  institutions  of  Washington,  the 
last  citadel  of  human  liberty,  will  continue  for  ages  to  be  the  glory  of 
the  new  world,  and  the  envy  and  admiration  of  the  old. 


UNION  PARTY  CELEBRATE.  103 

By  Mr.  Yinyard.  The  spread  Eagle,  the  emblem  of  the  United  States ; 
the  Palmetto  Tree,  the  emblem  of  the  State  of  South  Carolina :  May  the 
eagle  ever  rest  in  its  top. 

By  Philip  S.  Cohen.  Liberty  and  the  Union :  The  watchword  of  free 
men.  We  will  maintain  the  one  by  duly  appreciating  the  value  of  the 
other. 

By  H.  S.  Tew.  South  Carolina :  The  Union  is  the  ark  of  her  political 
safety. 

By  X.  L.  Toomer.  South  Carolina:  May  she  avoid  the  strife  and 
bloody  struggles  of  Columbia,  Mexico,  and  Buena  Ayres,  excited  by  a 
few  monarchists  for  the  benefit  of  the  few. 

By  J.  Cook.  Youthful  mechanics  in  the  day  of  this  political  excite 
ment,  let  us  follow  the  precepts  of  our  cool  and  deliberate  advocate,  Col. 
William  Drayton. 

By  Jackson  M'Clelland.  Perpetuity  to  the  principles  on  which  alone 
republicanism  is  based— Destruction  to  those  which  constitute  the  char 
ter  of  monarchy. 

By  C.  R.  Brewster.  The  United  States :  May  they  never  lose  so  fair 
a  sister  as  South  Carolina,  and  may  she  never  be  so  utter  reckless  of 
consequences  as  to  wish  to  be  separated,  nor  so  wayward  as  to  desire  the 
nullification  of  her  rulers. 

By  Hugh  McDonald.  General  Daniel  E.  Huger :  More  of  the  Roman 
than  any  man  living,  except  Andrew  Jackson. 

By  Richard  Geurry.  The  Constitution  of  the  United  States :  Like  the 
magnificent  firmament  of  Heaven,  under  which  we  live  and  move  and 
have  our  being,  it  inspires  light  and  love  and  liberty ;  like  it,  too,  the 
clouds  of  ambition  and  the  tempests  of  faction  occasionally  obscure  its 
glory  and  disfigure  its  beauty.  But  these  things  past,  the  eternal  azure 
and  the  stars  immortal  shine  on  more  bright  and  calm  and  glorious. 

By  George  S.  Bryan.    Nullification  :  Anarchy  reduced  to  system.. 

By  John  J.  Radford.  Nullification,  Disunion  :  If  our  adopted  broth 
ers  must  not  assist  to  preserve  the  Republic,  surely  a  violation  of  sacred 
duty  will  disgrace  it  themselves — the  land  of  their  birth,  posterity. 

By  Edward  Lowndes.  Judge  D.  E.  Huger :  Long  may  he  live  for  the 
Nation's  defense,  and  his  principles  flourish  a  thousand  years  hence. 

By  George  Buist,  one  of  the  Stewards.  The  Patriots  of  the  Revolu 
tion :  A  splendid  galaxy  of  glory;  we  will  protect  and  defend  there- 
publican  fabric  which  they  reared  against  the  rash  assaults  of  the 
ambitious  and  the  deluded. 

By  Jacob  Kemnit.  General  Andrew  Jackson:  The  friend  of  the 
Union,  the  Democrats  of  America  will  support  his  re-election,  nor  will 
the  children  of  dear  Erin  forget  him  who  chastised  their  Saxon  tyrants. 
Notwithstanding,  he  may  be  opposed  by  the  whole  order  of  well-bred 
gentlemen  and  by  the  dreamers  of  a  Republic  south  of  the  Potomac. 


104  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

By  Thomas  L.  Jones.  The  Union:  Consecrated  by  the  bloodof  our 
forefathers,  it  must  receive  the  support  of  their  offspring. 

By  John  L.  Poyas,  of  Daniel's  Island.  The  Federal  Union  and 
Andrew  Jackson:  The  one  must  be  preserved;  the  other  must  be  re- 
elected. 

By  J.  Haliday.  J.  L.  Petigru,  Hugh  S.  Legare  and  Benjamin  F. 
Hunt:  How  consistent  and  bright  is  the  track  of  patriotism;  the  gene 
rous  advocates  of  Catholic  emancipation  on  the  26th  of  September,  1828, 
have  been  found  true  to  their  country  and  their  oath,  defending  the 
Fourth  of  July,  1831.  Honor  and  gratitude  to  the  friends  of  the  Republic. 
Children  of  Erin,  will  you  desert  the  cause  of  that  America  for  which 
Montgomery  and  Warren  and  Jasper,  and  so  many  of  your  countrymen 
fought  and  bled  ? 

By  George  Oxford  Pcmberton.  The  Orator  of  the  Day,  Hon.  William 
Drayton :  An  able  and  efficient  artisan  toiling  for  his  country's  good, 
which  he  has  deeply  at  heart. 

By  Daniel  Horlbeck,  one  of  the  Stewards.  Nullification:  "None  but 
a  recreant  knight  would  shiver  a  lance  in  so  inglorious  "  a  cause. 

By  J.  B.  Clapp.  The  hickory  and  the  palmetto  planted  together : 
Their  Union  must  be  preserved. 

By  S.  Kneply.  Here  is  to  all  true  Americans :  May  they  prosper  in 
all  their  undertakings,  and  stick  to  the  Union.  United  we  stand,  di 
vided  we  fall. 

By  S.  J.  Cohen.  The  Union  :  Achieved  by  the  valor  of  the  patriots  of 
'76;  as  descendants  of  those  patriots,  we  will  cling  to  it  as  long  as  rea 
son  shall  have  its  sway. 

By  Thomas  C«rbett,  Jr.,  one  of  the  Stewards.  Our  Fair  Experiment 
of  Republican  Government :  The  pride  of  patriotism,  and  the  boast  of 
freemen.  Without  Union,  without  hope — with  it,  the  world's  best  hope. 

By  J.  B.  Thorp.     Disunion  :  Suicide  ! 

By  L.  J.  Crovat.  The  Principles  we  Celebrate :  They  may  disunite 
for  the  present,  but  eventually  they  must  consolidate. 

By  P.  Cantwell.  Ireland :  It  is  as  natural  for  her  sons  to  hate  aristo 
crats  and  their  mercenaries,  as  it  is  a  national  virtue  in  them  to  love 
light  and  liberty.  Her  history  is  frequently  adduced  to  show  how  much 
evil  may  be  inflicted  upon  a  nation  in  the  form  of  law,  by  an  interested 
majority.  It,  however,  proves  that  the  triumph  of  a  good  cause  is  cer 
tain. 

By  Capt.  William  Nowton,  one  of  the  Stewards.  The  Hon.  William 
Drayton :  The  able  supporter  of  our  rights.  May  his  present  friends 
never  forsake  him,  nor  posterity  ever  fail  him. 

By  Thomas  Tennant.  The  Hon.  William  Draytonj  One  of  the 
brightest  stars  of  South  Carolina;  the  faithful  sentinel  on  the  watch- 
tower  of  the  Union;  the  man  in  whom  we  can  confide. 


UNION  PARTY  CELEBRATE.  105 

By  Henry.  F.  Faber.  The  Tariff:  Acknowledged  by  many  to  be 
unconstitutional  or  impolitic,  few  will  acknowledge  nullification  a  con 
stitutional  remedy  for  its  modification. 

By  Joseph  W.  Faber.  The  Federal  Constitution :  The  rich  inheri 
tance  left  to  us  by  its  founders/  may  the  present  generation  entail  it  to 
their  latest  posterity  as  the  only  ark  of  our  political  safety. 

By  Robert  Pringle,  Chairman  of  the  Stewards.  Col.  Drayton :  If  men 
of  his  abilities,  integrity  and  patriotism  continue  to  influence  our  public 
councils  our  country  will  forever  enjoy  the  blessings  we  this  day  cele 
brate. 

By  Legrand  G.  Capers,  one  of  the  Stewards.  The  Constitution  :  Like 
the  firmament  of  Heaven,  it  sprang  originally  from  contending  influ 
ences.  The  doom  of  fate  would  seem  to  rest  upon  it;  by  conflict  and 
contention  can  it  alone  be  preserved.  We  must  do  our  duty. 

By  G.  Brush.  The  Patriots  of  the  Revolution :  A  splendid  galaxy  of 
glory.  The  Republican  fabric  which  they  erected  will  be  protected  from 
the  rash  assaults  of  the  ambitious  and  the  deluded. 

By  a  Member.  General  Morgan:  A  patriot  who  immortalized  the 
"Cowpens"  in  sending  Tarleton  to  enjoy  a  "Pavilion." 

By  Abraham  Motte.  Col.  Pringle :  The  patriotic  President  of  this 
our  really  National  Festival. 


CHAPTER   III. 
j-li5  public  Life — ^le^ted  ai? 


HILE  these  proceedings  do  not  indicate  that  the 
opposing  parties  were  arrayed  against  each  other 
in  hostile  attitude,  yet  this  was  unhappily  the 
case.  Mr.  Poinsett,  who  was  sincerely  attached  to  the 
Union,  urged  the  necessity  of  organization  among  the  mem 
bers  of  his  party,  and  at  an  early  stage  of  the  excitement 
was  credited  with  being  in  collusion  with  the  Federal  au 
thorities  at  Washington  and  their  selected  agent  to  suppress 
any  revolutionary  proceedings  on  the  part  of  the  Nullifiers. 
Whatever  of  truth  may  be  in  this,  it  nevertheless  is  a  fact 
of  history  that  the  Union  party  were  better  organized  than 
the  Nullifiers. 

I  find  in  the  Charleston  Year  Book  for  1887  a  sketch  of 
the  life  of  Mr.  Poinsett,  from  which  I  extract  the  following: 

The  superior  organization  of  the  Union  men  under  the  management 
of  Mr.  Poinsett  was  never  more  apparent  than  when  the  two  parties 
came  face  to  face  one  night  after  each  one  had  attended  a  public  gath 
ering  in  a  different  part  of  the  city,  and,  to  the  surprise  of  the  un 
initiated,  the  Union  men  as  they  halted  were  found  to  be  in  military 
formation,  while  the  other  party  were  without  order  or  discipline. 

This  was  at  the  commencement  of  the  agitation,  and  the  only  arms 
the  Union  men  had  were  clubs.  They  were  provided  with  these  because 
there  were  threats  that  their  meetings  would  be  broken  up,  and  it  was 
to  prevent  any  such  attempt  that  they  were  thus  prepared.  Later  on 
the  Nullifiers  \vere  uniformed  as  State  troops,  and  frequently  drilled, 
and  their  infantry  and  artillery  were  often  seen  in  the  public  streets. 
It  was  then  found  necessary  to  give  an  equally  efficient  organization  to 
the  Union  men,  but  this  could  only  be  accomplished  by  doing  it  se 
cretly,  as  the  Nullifiers  were  in  possession  of  the  State  government, 
and  would  have  prevented  any  open  drilling  of  their  opponents. 

In  the  city  of  Charleston  it  was  doubtful  at  first  which  party  was  in 
the  majority,  and  it  was  not  definitely  settled  in  favor  of  the  Nullifiers 

[106] 


HIS  PUBLIC  LIFE.  107 

until  the  annual  election  in  1831  for  Intendant.  Great  efforts  were 
made  on  both  sides  and  much  excitement  prevailed.  The  successful 
candidate  was  Henry  L.  Pinckney  over  Mr.  James  R.  Pringle,  who  had 
been  the  incumbent  the  year  previous. 

It  can  thus  be  seen  that  the  situation  was  a  most  serious  one.  The 
division  of  families,  on  account  of  the  various  members  holding  differ 
ent  political  opinions,  was  one  of  the  painful  features  of  the  agitation, 
and  many  of  those  who  remember  the  period  look  back  with  horror  at 
the  extreme  probability  there  was  of  bloodshed  when  the  passions  w^ere 
at  their  height. 

Early  in  the  year  following  the  anniversary  celebration 
above  reported,  and  before  the  election  for  delegates  took 
place,  a  satire  on  Nullification  appeared  in  pamphlet  form, 
written  in  biblical  style,  which  attracted  much  attention  by 
its  caustic  wit  and  well-directed  sarcasm.  It  was  entitled 
the  Book  of  Nullification.  For  some  time  the  author  was 
not  discovered,  but  before  the  election  he  was  found  to  be 
Mr.  Memminger,  who  had  thus  brought  himself  promi 
nently  before  the  people,  and  by  his  excellent  humor  aided 
the  cause  that  had  so  warmly  enlisted  his  sympathies. 

I  have  secured  a  copy  of  this  unique  production,  and  em 
body  it  in  this  volume  as  a  specimen  of  my  honored  friend's 
wit.  (See  Appendix.) 

The  Convention  was  held  at  the  time  and  place  appointed. 

In  spite  of  every  remonstrance  and  effort  on  the  part  of 
the  Union  men,  a  majority  of  the  delegates  elected  were 
Nullifiers.  Of  the  acts  of  this  body,  and  of  the  historic 
Ordinance  of  Nullification,  the  reader  is  referred  to  the 
voluminous  Journal  of  the  Convention. 

I  am  reminded  that  I  have  not  set  out  to  write  a  history 
of  politics  in  South  Carolina,  and  only  refer  to  these  mat 
ters  as  they  become  a  part  of  the  history  of  Mr.  Memmin 
ger.  He  was  not  a  member  of  the  Convention,  nor  did  he 
seek  to  be  such.  In  order,  however,  that  the  reader  may 
have  an  idea  of  the  relative  strength  of  the  Union  and  Nul- 


108  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

lification  parties  at  the  time,  I  extract  from  the  Journal  the 
vote  as  recorded  on  the  final  passage  of  the  "  Ordinance  to 
Nullify  Certain  Acts  of  Congress/'  etc. 

THOSE  VOTING  AYE  ARE:  B.  Adams,  James  Adams,  Ayer,  James 
Anderson,  Robert  Anderson,  Arnold,  Baker,  Ball,  Bee,  Boone,  Barn- 
well,  Bardwell,  Blewett,  Butler,  J.  G.  Brown,  John  Brown,  Bauskett, 
A.  Burt,  F.  Burt,  Barton,  Bowie,  Black,  Belin,  Cohen,  Cordes,  Colcock, 
Charles  G.  Capers,  Clifton,  Caughman,  Counts,  Chambers,  Campbell, 
Dubose,  Dawson,  Douglas,  Elmore,  Earle,  Evans,  Felder,  Fuller,  T.  L. 
Gourdin,  P.  G.  Gourdin,  Goodwin,  Gaillard,  Griffin,  Glenn,  Gregg,  J. 
Hamilton,  Sr.,  Heyward,  Hayne,  Harper,  Harrison,  Hatton,  Harllee, 
Huguenin,  I'On,  Jeter,  Johnston,  James,  Jacobs,  Keith,  Key,  King,  La- 
Coste,  Legare,  Lawton,  Long,  Lipscomb,  Logan,  Littlejohn,  Lancaster, 
Magrath,  Markley,  Maner,  Murry,  Mills,  McCall,  Means,  Mays,  McDuf- 
fie,  Monroe,  S.  D.  Miller,  J.  L.  Miller,  J.  B.  Miller,  McCord,  Novell, 
O'Brannon,  Philips,  Parker,  Porcher,  Palmer,  C.  C.  Pinckney,  W.  C. 
Pinckney,  T.  Pinckney,  Quash,  Rivers,  Rowe,  Rogers,  Ray,  J.  G.  Spann, 
J.  Spann,  Simons,  Shand,  J.  M.  Smith,  G.  H.  Smith,  W.  Smith,  S.  Smith, 
Stringfellow,  Scott,  Symmes,  Sims,  Singleton,  Stevens,  Screven,  Turnbull, 
Tyler,  Tidyman  Ulmer,  Vaught,  Vanderhorst,  Wilson,  Walker,  Williams, 
Williamson,  Woodward,  Wardlaw,  Whatley,  Whitfield,  Watt,  Ware, 
Waties,  Warren,  Young,  and  the  president  of  the  Convention  (James 
Hamilton,  Jr.) — 136  ayes. 

THOSE  VOTING  No  ARE  :  Brockman,  Burgess,  Crooke,  Cureton,  Chestnut, 
Cannon,  Clinton,  J.  R.  Ervin,  R.  Ervin,  J.  P.  Evans,  Gibson,  A.  Huger, 
D.  E.  Huger,  Levy,  Lowry,  Manning,  Midleton,  O'Neal,  P.  Phelps,  Perry, 
John  S.  Richardson,  J.  P.  Richardson,  Rowland,  Shannon,  Whitten,  and 
Wilkins— 36  noes. 

Those  voting  against  the  ordinance  refused  to  sign  the  in 
strument,  protesting  against  it  as  being  unwise  and  inexpe 
dient. 

The  vigorous  measures  enforced  by  President  Jackson  to 
collect  the  revenues  of  the  government,  and  the  mediation  of 
the  State  of  Virginia,  through  her  Commissioner,  the  Hon. 
Benjamin  Watkins  Leigh,  and  the  act  of  Congress  "reduc 
ing  and  modifying  the  duties  on  foreign  imports,"  passed 
after  the  action  of  the  Convention,  induced  this  body  to  pass 
an  ordinance  in  March,  1833,  rescinding  the  Ordinance  of 
Nullification.  The  dissolution  of  the  Convention  on  the  18th 


HIS  PUBLIC  LIFE.  109 

of  March,  put  at  res't  the  question  of  Nullification,  and  al 
layed  all  apprehensions  of  a  conflict  with  the  general  gov 
ernment  or  of  civil  war. 

In  the  meantime,  the  course  pursued  hy  Mr.  Memminger 
had  not  only  brought  him  prominently  before  the  people  of 
Charleston,  but  had  made  him  quite  popular  there;  so  much 
so,  that  at  the  next  city  election  he  was  made  an  alderman 
of  the  city  by  a  decided  majority.  He  had  previously  wooed 
and  won  the  love  of  Miss  Mary  Wilkinson,  a  lovely  lady  of 
Georgetown,  South  Carolina.  Her  parents  were  from  among 
those  good  people  of  Virginia  who,  from  the  earliest  history 
of  that  great  State,  have  transmitted  through  generations 
the  graces  and  virtues  of  their  own  peculiar  civilization. 
There  is  no  single  act  of  a  man's  life  more  important,  or 
that  must  affect  his  future  life  for  weal  or  for  woe  more  de 
cidedly,  than  the  association  of  marriage.  In  this  union  of 
hopes  and  aspirations,  this  hazard  of  happiness,  Mr.  Mem 
minger  was  certainly  blessed.  Life  was  now,  to  him,  worth 
the  living.  With  the  sweet  influences  of  his  own  home-altar 
ever  with  him,  new  aspirations  and  holier  loves  made  the 
labors  of  the  day  lighter  and  the  joys  of  the  evening's  shade 
sweeter  than  ever  before. 

His  most  important  act  as  an  alderman  became  perma 
nently  fixed  in  the  great  shopping  street  and  thoroughfare 
of  Charleston.  The  great  fire  of  1838  presented  the  oppor 
tunity,  which  he  was  quick  to  perceive,  of  widening  King 
street.  Accordingly  he  brought  forward  and  had  passed  an 
ordinance  condemning  a  few  feet  of  the  lots  on  either  side 
of  the  street  in  the  burnt  district,  which,  when  that  part  of 
the  city  was  rebuilt,  made  King  street,  from  Society,  south, 
near  ten  feet  wider  than  it  had  formerly  been,  thus  adding 
not  only  to  its  appearance,  but  to  the  comfort  of  pedestrians 
and  the  convenience  of  the  many  vehicles  that  would  in 
former  days  almost  block  this  highway.  He  also  drafted  a 


110  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

memorial  to  the  Legislature  praying  the  aid  of  the  State  to 
enable  persons  whose  houses  and  stores  had  been  destroyed 
to  rebuild  the  same;  which,  through  his  active  co-operation 
with  his  colleagues,  assumed  the  form  of  an  act  of  the  Leg 
islature  known  as  the  "  Fire  Loan/'  lending  the  credit  of 
the  State  to  the  unfortunate  victims  of  the  fire  on  such  very 
liberal  terms  as  to  enable  them  to  restore  the  city  in  better 
form  than  before  the  disaster. 

It  was  at  this  time  that  Mr.  Memminger  first  began  to 
study  the  public  or  "free"  schools  of  Charleston  and  the 
State,  to  which  in  subsequent  years  he  brought  the  energies 
of  his  mind  in  devising  the  system  now  so  popular,  and 
which,  in  this  respect,  meets  so  admirably  the  need  of  the 
people.  In  the  year  1834,  co-operating  with  Mr.  W.  J.  Ben 
nett,  the  noble  son  of  his  benefactor,  Mr.  Memminger  under 
took  to  reform  the  whole  public  school  system  of  the  State. 
Especially  did  he  seek  to  elevate  the  standard  and  make 
more  efficient  the  system  in  vogue  at  Charleston.  With  this 
object  in  view  he  traveled  extensively,  with  Mr.  Bennett  as 
his  companion,  through  the  Northern  and  New  England 
States  studying  their  common-school  systems,  and  gathering 
such  practical  information  as  to  their  administration  as 
enabled  him  when  he  returned  to  devise,  with  Mr.  Bennett, 
a  plan  which,  with  subsequent  modifications  and  improve 
ments,  continues  to  this  day  an  enduring  monument  to  the 
honor  and  memory  of  these  good  men — a  monument  more 
imperishable  than  bronze  or  marble. 

In  no  sense  of  the  word  was  Mr.  Memminger  a  selfish 
person.  While  the  noble  impulses  of  a  generous  nature 
warmed  his  soul,  he  was  never  guilty  of  that  injudicious 
expression  of  this  high  trait  of  character  which  would  lavish 
gifts  and  bestow  favors  without  regard  to  the  individual,  or 
the  results  to  follow  upon  his  act.  However  well  meant  and 
however  noble  may  be  the  impulse,  it  is,  alas!  for  poor  hu- 


W.  JKFFKKSOX   P.KNNKTT. 


HIS  PUBLIC  LIFE.  Ill 

inanity,  too  often  the  case  that  a  benefaction  proves  to  be  a 
curse  rather  than  a  blessing. 

Into  his  counsels  and  confidence  he  received  Mr.  "W.  Jef 
ferson  Bennett  as  a  younger  brother,  who  had  grown  into 
manhood  about  the  same  hearthstone  and  in  the  same  family 
circle  that  had  received  him  as  a  member.  There  was  a 
very  strong  attachment  existing  between  these  noble  men — 
one  that  was  never  broken  by  any  estrangement,  but  con 
tinued  to  grow  in  strength  and  to  increase  in  reciprocal 
affection  until  the  death  of  Mr.  Bennett,  in  1874,  left  only 
with  Mr.  Memminger  sweet  memories  of  his  friend  and 
adopted  brother. 

The  benevolent  character  and  considerate  philanthropy 
of  Mr.  Bennett  is  thus  described  in  an  oration  delivered  at 
the  centennial  celebration  of  the  Charleston  Orphan  House 
in  1890  by  Rev.  Charles  S.  Vedder,  D.  D.  Dr.  Vedder 
quotes  from  Mr.  Montague  Grimke,  embodying  in  his  own 
admirable  remarks,  those  of  this  estimable  gentleman. 

It  will  not  be  invidious  to  name  Mr.  Wm.  Jefferson  Bennett,  to  whom, 
after  John  Robertson,  the  Orphan  House  is  more  indebted  than  to  any 
other  man.  He  was  a  second  father  to  the  institution,  giving  himself  to 
its  service  with  a  fervor  which  never  knew  respite,  and  a  practical  wis 
dom  seldom  or  never  at  fault.  It  was  not  the  privilege  of  the  present 
speaker  to  know  this  estimable  gentleman,  but  he  has  long  known  the 
history  of  his  relation  to  this  institution,  and  feels  fully  warranted  in 
this  tribute  to  his  memory.  "  He  was,"  says  Mr.  Grimke,  "  the  truest 
patriot  and  philanthropist  I  ever  met,  and  few  of  the  present  generation 
have  any  conception  of  the  extent  and  value  of  his  labors  in  behalf  of 
education  and  charities  in  this  city." 

Such  was  the  intimate,  life-long  friend  of  Mr.  Memmin 
ger,  who  loved  Jefferson  Bennett  from  an  intuition  of  his 
own  nature  that  made  him  a  kindred  spirit.  From  the 
same  eloquent  address  I  extract  the  following  tribute  to  Mr. 
Memminger: 

Nor  was  that  eminent  chief  magistrate  (Hon.  William  A.  Courtenay) 
content  with  rehabilitating  in  honor  the  men  and  memories  of  the  re- 


112  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

mote  past.  Under  his  administration,  the  Council  Chamber  of  the  city 
became  in  its  measure  a  gallery  of  monumental  tributes  to  the  great 
and  worthy  of  more  recent  days.  AVe  may  well  signalize  this  fact  to 
day  because  one  of  those  whose  lineaments  are  thus  preserved  in  im 
perishable  marble  was  once  an  Orphan-House  boy,  rising  by  dint  of  his 
own  industry,  energy,  and  ability  to  exalted  places  in  the  State  and  in 
the  Confederate  Cabinet ;  his  achievements  in  behalf  of  education  in  this 
city  were  deemed  worthy  by  his  fellow-commissioners  of  the  public 
schools  of  an  abiding  recognition  in  the  city's  capital. 

As  a  practical  result  of  the  visit  of  Mr.  Memminger  and 
Mr.  Bennett  to  the  public  schools  of  the  northern  cities  and 
States  we  have  the  present  excellent  system  of  graded 
schools  in  Charleston,  second  in  efficiency  to  none  in  the 
United  States.  In  this  work  Mr.  Memminger  was  also  ably 
assisted  by  the  Hon.  A.  G.  Magrath,  who  became  a  member 
of  the  Board  of  School  Commissioners,  and  brought  to  the 
wrork  of  these  good  men  the  resource  of  his  accomplished 
intellect  and  his  devoted  patriotism.  An  act  of  the  Legisla 
ture  was  passed  authorizing  the  municipal  government  of 
Charleston  to  levy  a  special  tax  for  educational  purposes. 
This  measure  was  opposed,  with  surprising  zeal,  by  those 
whose  want  of  knowledge  of  the  system,  or  whose  prejudice 
against  "  free  schools,"  caused  them  to  go  to  great  extremes 
in  manifesting  their  disapproval.  From  an  official  circular, 
issued  by  the  "  Bureau  of  Education  of  the  United  States," 
Hon.  N.  H.  R.  Dawson,  Commissioner,  published  in  1889,  I 
extract  the  following  condensed  statement: 

The  commissioners  in  Charleston  had  seen  the  intent  of  the  original 
act,  and  had  set  to  work  to  carry  it  out.  Public  schools  had  succeeded 
in  Nashville  and  New  Orleans,  and  why  not  in  Charleston  ?  This  is 
what  Mr.  Barnard  pointed  out  when  he  had  prepared  a  communication 
on  public  schools  at  the  request  of  Governor  Alston  and  others.  The 
schools  in  Charleston  had  followed  the  general  course  of  the  others  in 
the  State.  Under  the  law,  five  houses  had  been  erected  and  furnished 
by  the  teachers,  on  a  salary  of  nine  hundred  dollars.  The  attendance 
had  been  in  1812,260;  in  1818,  about  300;  in  1823,  about  320;  in  1829, 
about  467;  in  1834,  about  525. 


HIS  PUBLIC  LIFE.  113 

But  the  Charleston  commissioners,  especially  C.  G.  Memminger,  A. 
G.  Magrath,  and  W.  Jefferson  Bennett,  roused  from  their  lethargy,  and  in 
the  face  of  bitter  prejudice  revolutionized  the  system.  They  worked  on 
a  totally  different  plan.  Their  aim  was  to  provide  schools  for  all,  and 
not  for  pauper  pupils  only.  In  1855  they  built  a  house  on  St.  Philip's 
street  at  a  cost  of  twenty-five  thousand  dollars,  to  accommodate  eight 
hundred  pupils.  Three  years  later  they  erected  another  on  Friend 
street  at  a  cost  of  thirty  thousand  dollars.  A  kind  of  normal  school  for 
teachers  was  formed  to  meet  every  Saturday  under  the  direction  of  the 
superintendent  of  public  schools.  They  also  built  a  high  school  for  girls 
at  a  cost  of  twenty-five  thousand  dollars,  of  which  the  State  paid  ten 
thousand  dollars  and  the  citizens  of  Charleston  the  remainder.  The 
expenses  of  its  maintenance  were  ten  thousand  dollars  annually,  of 
which  the  city  paid  half  and  the  State  guaranteed  the  other  half  on  con 
dition  of  being  permitted  to  send  ninety  pupils.  A  normal  department 
was  attached  to  this. 

The  whole  system  was  inaugurated  with  appropriate  ceremonies  on 
July  4,  1856,  when  Dr.  S.  IT.  Dickson  delivered  an  address.  It  was 
modelled  on  the  "New  York"  plan,  and  the  heads  of  the  schools  were 
brought  from  the  North,  so  that  teachers  thoroughly  acquainted  with 
the  system  would  direct  the  management 

In  a  short  time  the  number  of  children  in  attendance  was  one  thou 
sand  four  hundred,  and  there  were  more  applications  than  could  be 
granted.  In  1860  the  attendance  was  four  thousand. 

This  was  done  in  the  face  of  strong  opposition.  "Fair  Play"  openly 
charged  that  the  change  had  been  made  in  order  that  the  new  board 
might  get  the  benefit  of  the  "  spoils,"  and  claimed  that  they  had  over 
stepped  their  limits  in  setting  up  common  schools,  when  the  act  only 
called  for  free  schools.  He  also  called  attention  to  the  resolutions  of 
the  last  session  of  the  Legislature,  which  had  "  re-announced  the  fact 
that  the  free  schools  are  for  the  poor."  He  concluded  by  confidently 
venturing  the  prediction  "  that  the  new  system,  unsupported  as  it  is  by 
law,  will  not  succeed."  But  it  did  succeed,  and,  according  to  a  writer  in 
Barnard's  Journal,  "  revolutionized  public  sentiment  in  that  city,  and 
was  fast  doing  it  for  the  whole  State  when  the  mad  passions  of  war  con 
summated  another  revolution." 

The  public  schools  of  Charleston  are  handsome  structures, 
admirably  adapted  to  the  purpose  for  which  they  were 
designed,  and  well  equipped  with  all  the  necessary  appli 
ances  for  instruction  from  the  kindergarten  to  the  high 
school,  from  which  the  youth  of  either  sex  may  go  with 
8 


114  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

much  better  educations  than  some  receive  from  institutions 
of  more  pretentious  claims.  The  buildings  bear  the  names 
of  those  who  have  been  most  deeply  interested  in  their  con 
struction  and  in  the  blessings  they  bestow  upon  the  commu 
nity  in  which  they  are  so  well  maintained. 

The  Bennett  school  for  Mr.  Wm.  Jefferson  Bennett;  the 
Memminger  school  perpetuates  the  name  of  the  one  whose 
history  I  am  writing;  the  Crafts  school  in  honor  of  Hon. 
William  Crafts;  the  Courtenay  school  for  Hon.  Wm.  A. 
Courtenay,  while  others  quite  as  well  equipped  bear  the 
names  of  the  streets  on  which  they  are  located — as  the 
Meeting-street  or  Mary-street  schools.  Mr.  Memminger  did 
not  confine  his  interest  in  public  education  to  the  city  of 
Charleston  alone.  No  one  of  our  public  men  did  more 
towards  aiding  the  institutions  of  the  State  designed  to  fur 
nish  to  its  citizens  the  advantages  and  benefits  of  an  educa 
tional  system  that  would  reach  all  classes  and  conditions. 
As  early  as  1841  we  find  from  an  examination  of  the  Jour 
nal  of  the  House  of  Representatives  that  as  a  member  of  that 
body  he  introduced  the  following  resolution: 

Mr.  Memminger  submitted  a  resolution,  which,  after  a  few  remarks 
from  him,  was  unanimously  agreed  to  and  ordered  to  the  Senate,  direct 
ing  the  commissioners  to  provide  for  the  education  of  the  deaf  and  dumb 
children  of  this  State,  and  to  appropriate  one-half  of  the  amount  for  the 
education  of  the  deaf  and  dumb  to  the  education  of  the  blind  of  this 
State  at  institutions  specially  to  be  provided  for  the  education  of  the 
blind. 

Thus  was  commenced  the  noble  charity  of  the  State  which 
gives  to  those  unfortunates  who  have  been  deprived  of  sight, 
who  have  no  sense  of  hearing,  and  are  dumb,  the  means  of 
acquiring  an  education  of  other  faculties,  by  which  means 
many  are  now  enabled  to  make  comfortable  livings. 


CHAPTER  1Y. 
Cau/yer 


ability  displayed  by  Mr.  Memminger  at  the 
Bar  of  Charleston,  the  earnest  and  faithful  man 
ner  in  which  he  discharged  the  duties  imposed 
upon  him  as  an  alderman,  added  to  his  popularity.  So 
much  so,  that  at  the  fall  elections  of  1836  he  was  chosen  one 
of  the  members  of  the  House  of  Representatives  from  the 
parishes  of  St.  Philips  and  St.  Michaels,  in  which  was  situ 
ated  the  city  of  Charleston.  His  election  may  be  also  con 
sidered  as  a  triumph  of  the  Conservative  or  Union  State 
Rights  Party,  which  from  the  reaction  that  followed  the  ex 
citement  and  alarm  engendered  by  the  discussions  of  the 
Nullification  measure,  became  stronger  at  this  time  than  it 
had  been  before,  or  has  since  been,  in  the  goodly  city  by  the 
sea. 

While  the  earnest  spirit  and  logical  mind  of  Mr.  Mem 
minger  had  been  made  manifest  in  the  debating  society,  the 
court-room,  and  in  his  public  addresses;  and  while  these  all 
gave  great  promise  of  a  future  career  of  distinction  and  of 
usefulness,  he  was  yet  to  evidence  those  wonderful  powers  of 
analysis,  and  that  remarkable  sagacity  which  made  him  so 
prominent  as  a  statesman  and  ranked  him  among  the  ablest 
lawyers  of  the  country.  The  great  political  economist  and 
wise  legislator,  the  jurist  and  the  advocate,  v/as  yet  to  be 
come  a  demonstration,  and  take  his  place  among  the  repre 
sentative  men  of  his  time. 

Mr.  Memminger's  introduction  into  public  life  was  at  a 
most  opportune  time  for  the  display  of  his  natural  endow 
ments,  and  furnished  many  occasions  for  the  exercise  of  the 

[  115  j 


116  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

talents  committed  to  his  keeping  by  the  Creator  of  all  men. 
We  do  not  fail  to  achieve  success  in  life  for  the  want  of  op 
portunities.  These  come  to  all  men,  and  are  just  such  as 
their  abilities  enable  them  to  perceive,  and  their  energies 
enable  them  to  properly  improve.  It  is  indeed  true  that 
"there  is  a  tide  in  the  affairs  of  men/'  and  it  is  also  true 
that  this  tide  must  be  taken  at  its  flow.  It  will  not  take  you 
forward  or  backward  against  your  will  or  your  wish,  but  you 
must  take  it.  It  will  not  rise  to  some  height,  where  your 
vanity  may  have  taken  you  to  wait  in  listless  apathy  and 
dream  away  life  in  the  seductive  shades  of  inaction,  where 
you  have  allowed  yourself  to  become  fixed  above  the  highest 
water-mark  of  all  opportunity,  but  it.  surely  comes  to  "  lead 
on  to  fortune  "  those  who  are  willing  and  active  in  the  judi 
cious  improvement  of  every  occasion,  however  small,  to  meet 
its  "  flood."  Such  an  one  never  fails  to  find  an  occasion, 
and  is  sure  to  meet  with  an  opportunity.  Mr.  Memminger 
well  understood  this,  and  no  one  more  fully  appreciated 
than  he  did  the  value  of  time  and  the  necessity  for  decision 
and  prompt  action.  His  remark  to  a  gentleman  with  whom 
he  was  once  conversing,  that  "  one  often  lost  more  time  in 
deciding  what  to  do,  than  was  required  to  do  it  in,"  is  but 
an  expression  of  his  active  nature. 

In  order  that  the  reader  may  have  a  clear  conception  of 
the  general  condition  of  the  country  at  the  time  that  Mr. 
Memminger  entered  upon  public  life  as  a  legislator,  I  will 
endeavor  here  to  outline  this,  and  measure,  if  possible,  the 
"  tide  "  that  bore  him  and  others  on  to  fame  and  fortune. 

The  great  McDuffie  was  then  Governor  of  the  State;  he 
whose  prescience  was  but  the  intuition  of  a  great  mind,  and 
whose  record  remains  with  us  to-day  among  the  glories  of 
the  past — a  splendid  chapter  in  the  history  of  South  Caro 
lina — whose  name  and  face,  with  that  of  the  great  Hayne, 
is  carved  upon  our  State  House  as  the  synonym  of  patriot- 


MR.  MEMMINGER 

:it  :>>()  years. 


THE  LA  WYER.  117 

ism.  Governor  McDuffie's  message  to  the  legislatures  of 
1835  and  1836  so  clearly  state  the  condition  of  public  affairs 
at  that  time,  and  the  subjects  that  were  brought  to  the  con 
sideration  of  the  legislators  are  so  distinctly  set  forth  that  I 
reproduce  them  in  the  Appendix  to  this  work,  and  ask  the 
reader's  reference  thereto.  These  State  papers  will  not  only 
grace  this  Memoir,  but  are  deemed  by  the  writer  the  best 
means  of  presenting  a  just  conception  of  the  momentous 
questions  that  for  years  after  engaged  the  attention  and  in 
voked  the  thoughtful  consideration  of  the  best  and  wisest 
men  of  the  entire  country,  and  are  yet  forming,  to  a  certain 
extent,  subjects  for  discussion  that  excite  in  the  minds  of 
the  patriot  the  gravest  apprehensions. 

The  session  of  the  House  of  Representatives  in  which  Mr. 
Memminger  first  took  his  seat  as  a  legislator  was  remarkable 
in  that  it  brought  to  this  Council  Chamber  of  the  State  a 
number  of  young  men  who  have  since  become  distinguished 
in  the  history  of  this  State,  and  whose  names  are  familiar 
to  thousands  throughout  the  country. 

MEMBERS  OF  THE  HOUSE  OF  REPRESENTATIVES,  NOVEMBER,  1836. 

St.  Michael's  and  St.  Philip's  Parishes.— Kerr  Boyce,  Otis  Mills,  C.  G. 
Memminger,  Richard  Yeadon,  Jr.,  Joshua  TV.  Toomer,  John  Phillips, 
Samuel  P.  Ripley,  Charles  Edmondson,  Edward  H.  Edwards,  R.  W.  Sey 
mour,  John  C.  Ker,  George  Gibbons,  James  L.  Petigru,  Wm.  Cross, 
Edward  Frost,  John  Huger. 

Williamsburg. — Joseph  Scott,  W.  J.  Buford. 

Lancaster. — Wm.  Reed,  J.  P.  Crockett. 

Horry. — John  W.  Durant. 

Prince  William. — J.  B.  Ellis,  James  S.  McPherson. 

St.  James,  Santee. — John  A.  Wigfall. 

St.  John's,  Berkley.— Peter  P.  Palmer,  F.  A.  Porcher. 

All  Saints. — Joseph  Alston. 

Laurens. — John  H.  Irby,  Henry  C.  Young,  Thomas  F.  Jones,  John  F. 
Kern. 

Marlborough.—C.  W.  Dudley. 

Prince  George,  Winyaw—John  W.  Coachman,  T.  P.  Carr,  A.  H.  Belin. 

St.  Mathews. — Thomas  J.  Goodwin. 


118  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

Fairfield.— David.  McDowell,  David  II.  Means,  John  Buchanan,  John 
J.  Myers. 

Union. — Wm.  M.  Glenn,  M.  A.  Moore,  A.  N.  Thompson. 

Marion. — Wm.  W.  Harllee,  Samuel  F.  Gibson. 

Richland.—E.  F.  Elmore,  J.  II.  Adams,  D.  J.  McCord,  B.  L.  McLaugh- 
lin. 

Pendleton.—F.  W.  Symmes,  O.  R.  Broyles,  John  Maxwell,  John  Mar 
tin,  Joseph  T.  Whitfield,  Joel  H.  Berry,  Bailey  Barton. 

Clarendon— •'Wm.  R.  Burgess,  James  P.  Richardson. 

Claremont.-IsB.ac  Lenoir,  James  W.  English,  R.  R.  Spann. 

Lexington. — Henry  Arther,  Samuel  Boozer. 

Newberrij  —  John  P.  Neel,  James  MoiTett,  P.  C.  Caldwell. 

York.—  J.  D.  Witherspoon,  Samuel  Rainey,  James  Moore,  A.  Hardin. 

/St.  Luke's. — James  A.  Strobart,  William  F.  Colcock. 

St.  Bartholomew's. —John  D.  Edwards,  J.  Murdough,  Hugo  Sheridan. 

St.  Andrew's.— W.  T.  Bull. 

Barn-well. — John  M.  Allen,  John  B.  Bowers,  WT.  M.  Duncan. 

Kcrsliaw. — John  Murry,  Lewis  J.  Patterson,  M.  M.  Levy. 

Abbeville. — David  L.  Wardlaw,  James  Fair,  A.  B.  Arnold,  James  Gil- 
lam,  Donald  Douglass. 

Chester. — John  Douglass,  William  Woods,  F.  W.  Davie. 

Spartanburg.—John  Crawford,  H.  H.  Thompson,  A.  Barry,  John  H. 
Hoey,  S.  N.  Evins. 

Edgefield. — John  S.  Jeter,  James  Tompkins,  John  Hunt,  Tilman  Wat 
son,  Abner  Whatley,  M.  Laborde. 

St.  James,  Goose  Creek. — John  Wilson. 

St.  Helena.— Thomas  I.  Fripp,  A.  M.  Smith,  Charles  W.  Capers. 

St.  Paul's. — Benjamin  Perry. 

Greenville. — Benjamin  F.  Perry,  Spartan  Goodlet,  T.  B.  Brockman. 

Orange.— W.  D.  V.  S.  Jamison,  Elisha  Tyler. 

St.  George's,  Dorchester. — David  Gavin. 

St.  Peter's.— W.  G.  Roberds,  William  W.  Gavin. 

Darlington. — George  Huggins. 

From  among  these  representatives  David  L.  Wardlaw,  of 
Abbeville,  subsequently  eminent  in  the  history  of  the  State 
as  a  jurist,  was  chosen  "  Speaker."  There  is  no  more  im 
portant  duty  imposed  upon  the  presiding  officer  of  a  legis 
lative  body  than  that  of  forming  the  committees,  to  whom 
are  referred  for  special  investigation  and  report  such  matters 
as  may  come  before  the  body  for  consideration.  In  making 
these  appointments  he  is  supposed  to  be  selecting  from 


THE  LAWYER.  119 

among  the  members  those  whose  experiences  and  abilities 
best  qualify  them  for  the  discharge  of  the  special  duties  as 
signed  to  them.  I  find  upon  an  examination  of  the  Journal 
for  this  session  that  the  following  members  composed  the 
Committee  of  "Ways  and  Means"  (or  Finance):  F.  W. 
Davie,  C.  G.  Memminger,  Benj.  T.  Elmore,  F.  W.  Sy mines, 
Charles  Edmondson,  Ker  Boyce,  Otis  Mills,  F.  A.  Porcher, 
A.  B.  Arnold,  Thomas  E.  Powe,  John  Wilson,  and  Lewis  J. 
Patterson. 

On  "Federal  Relations"  the  following  were  appointed: 
Richard  Yeadon,  Jr.,  M.  Laborde,  James  L.  Petigru,  C.  G. 
Memminger,  Benj.  F.  Perry,  F.  W.  Davie,  J.  H.  Irby,  John 
S.  Jeter,  A.  II.  Belin,  D.  J.  McCord,  J.  T.  Whitfield,  John 
D.  Edwards,  H.  H.  Thompson. 

On  "Education":  C.  G.  Memminger,  W.  F.  Colcock,  V. 
D.  V.  Jamison,  James  A.  Strobart,  M.  Laborde. 

It  will  be  seen  that  upon  three  of  the  most  important  com 
mittees  of  the  House,  Mr.  Memminger,  at  this,  his  first 
session,  was  appointed  to  serve,  and  was  made  chairman  of 
one — that  on  Education.  This  unusual  distinction  is  sel 
dom,  if  ever,  conferred  upon  a  new  member  unless  he  has 
manifested  his  abilit}r,  and  is  recognized  in  a  body  composed 
of  such  representative  men  as  being  fully  adequate  to  the 
discharge  of  the  duties  imposed.  He  does  not  appear  to 
have  engaged,  to  any  great^extent,  in  the  debates  of  this  ses 
sion.  Beyond  the  work  of  the  committees  to  which  he  was 
assigned  he  was  doubtless  engaged  in  studying  the  rules  of 
the  House  and  mastering  the  precedents  and  formulas  of 
parliamentary  practice,  in  which  he  became  a  great  profi 
cient  in  after  years,  and  through  the  knowledge  of  which  he 
was  enabled  in  many  subsequent  sessions  to  become,  in  fact, 
the  leader  of  the  House,  and  a  most  useful  member  of  this 
body.  He  was  preparing  himself  for  that  long  term  of  public 
service  which,  beginning  with  this  year,  was  only  inter- 


120  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

rupted  in  1860,  when  his  abilities  and  experiences  were 
transferred  to  the  Cabinet  of  President  Davis  and  the  ser 
vice  of  the  Confederate  States  as  Secretary  of  the  Treasury. 
The  careful  study  of  the  financial  policy  of  the  State  and 
of  the  banking  system  then  authorized  by  law,  claimed  his 
special  consideration,  in  connection  with  public  education, 
and  formed  the  chief  subject  matters  of  his  thought.  In 
the  next  session  these  subjects  brought  from  him  such  ex 
pressions  of  his  statesmanship  as  led  in  the  end  to  the  ad 
justments  which  secured  for  South  Carolina  her  high  finan 
cial  standing,  and  kept  her  securities  and  her  bank  currency 
at  par  with  the  best  in  the  United  States.  The  only  meas 
ure  of  consequence  originating  with  Mr.  Memminger,  and 
that  took  the  form  of  law  at  this  session,  was  an  act  to  pre 
vent  the  circulation  of  mutilated  bank  bills;  mentioned  here 
from  the  fact  that  it  was  the  first  bill  he  introduced  and  the 
first  law  he  ever  framed.  He  also  introduced  a  bill  to  regu 
late  the  lien  of  decrees  in  equity,  but  it  failed  to  pass  at  this 
session  as  it  did  in  the  session  of  1837;  but  with  a  perti 
nacity  characteristic  of  its  author,  it  was  reintroduced  at 
succeeding  sessions  until  finally  it  became  a  statute  of  the 
State. 

The  year  1837  brought  to  the  country  one  of  those  revul 
sions  which  at  different  periods  have  evidenced  the  insta 
bility  of  our  financial  systems  in  the  United  States  and 
brought  great  disaster  upon  the  people. 

This  special  one  grew  out  of  the  hostility  of  the  Republi 
can  or  Democratic  party  to  the  United  States  Bank,  which 
was  regarded  as  being  only  a  feature  of  consolidation — the 
cardinal  principle  of  the  old  Federal  or  Whig  party.  Proxi- 
mately  it  was  occasioned  by  the  withdrawal  of  the  deposits 
of  the  United  States  Government  from  the  United  States 
Bank  and  placing  them  with  local  banks  in  various  sections 
of  the  country — a  measure  of  President  Jackson.  The  result 


THE  LAWYER.  121 

was  a  widespread  depression  in  all  business  matters,  pro 
ducing  bankruptcy  among  merchants  and  business  men 
unparalleled  before  in  the  history  of  our  country. 

The  effect  upon  the  industrial  interests  of  South  Carolina 
is  well  presented  in  the  message  of  Governor  Butler  to  the 
Legislature  of  1837,  from  which  I  make  the  following  ex 
tracts.  The  reader  will  be  thus  better  prepared  to  under 
stand  the  legislation  that  followed  and  was  rendered  neces 
sary  to  establish  a  solvent  banking  system  in  South  Caro 
lina,  and  in  which  Mr.  Memminger  was  not  only  an  active 
participant,  but  in  which  he  established  Iris  reputation  as  a 
leading  statesman. 

GOVERNOR  BUTLER'S  MESSAGE. 

EXECUTIVE  DEPARTMENT,  November  28,  1837. 
Fellow-citizens  of  the  Senate  and  of  the  House  of  Representatives: 

At  the  time  of  your  last  adjournment  the  country  was  apparently  in 
the  enjoyment  of  unparalleled  prosperity.  Subsequent  events  have  only 
developed  the  true  state  of  things  which  then  existed,  and  which  has  re 
sulted  in  great  political  confusion  and  commercial  embarrassment.  The 
change  wras  so  sudden  and  unexpected  that  even  the  wisest  and  most 
prudent  were  not  prepared  for  it.  Although  you  meet  in  the  midst  of 
difficulty  and  confusion,  and  under  circumstances  seemingly  more  un 
favorable  than  when  you  adjourned,  I  cannot  but  regard  the  country  in 
a.  better  situation  now  than  it  was  then.  As  our  distresses  have,  in  some 
measure,  arisen  from  the  money-making  spirit  of  the  times ;  and  as  they 
address  themselves  to  our  individual  interests,  I  feel  confident  that  we 
will  profit  by  the  enquiry  and  discussions  that  have  ensued.  The  people 
have  been  excited  to  the  consideration  of  subjects  which  have  heretofore 
too  little  attracted  public  attention ;  and  I  am  satisfied  that  the  coun 
try  will  go  through  and  rise  from  the  severe  trial  of  the  times,  with  im 
provement  and  ultimate  advantage.  Our  calamities  have  proceeded 
from  the  passions,  contrivances,  and  imprudences  of  the  people  them 
selves  and  their  federal  rulers.  In  a  time  of  profound  peace,  and  while 
at  liberty  to  follow  the  pursuits  of  our  own  choice,  we  have  brought 
about  the  evils  of  which  we  complain.  Under  the  influence  of  a  kind 
Providence,  we  have  just  cause  to  be  happy  and  thankful  for  the  many 
blessings  we  are  permitted  to  enjoy ;  and  should  manifest  our  gratitude 
to  the  great  Ruler  of  events  for  the  present  prosperous  condition  of  the 
jState.  The  harvests  have  been  sufficiently  abundant  to  satisfy  all  rea 
sonable  demands.  The  country  enjoys  uninterrupted  peace  and  general 
good  health. 


122  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

I  have  no  disposition,  as  Governor  of  the  State,  to  interfere  with 
questions  that  are  committed  by  the  Constitution  to  the  exclusive  juris 
diction  of  Congress.  But  where  our  State  has  deeply  participated  in 
the  evils  which  Congress  is  called  upon  to  remedy,  I  hope  it  will  not  be 
deemed  improper  to  make  a  few  suggestions  concerning  the  remedies 
to  be  applied  to  a  common  misfortune.  The  condition  of  the  monied 
affairs  of  the  country  is  deplorable,  and  form  a  subject  of  the  deepest 
and  most  profound  consideration.  The  derangement  and  confusion  of 
the  currency  have  produced  much  embarrassment  and  suffering  in 
every  grade  of  society,  and  in  every  species  of  business.  This  general 
and  wide-spread  distress  has  arisen  not  so  much  from  a  want  of  money, 
as  a  want  of  confidence  in  what  is  used  as  money.  Much  of  this  disorder 
in  the  currency  owes  its  existence  to  the  unfortunate  experiments  made 
upon  it  by  the  late  Federal  Executive.  The  war  which  was  begun  by 
him  upon  the  United  States  bank  was  the  commencement  of  the  con 
fusion  and  embarrassment  in  our  monetary  affairs.  Until  that  time  we 
had  a  perfectly  good  and  sound  currency.  The  government  deposits 
were  taken  from  the  United  States  bank,  where  they  were  safely  kept, 
and  placed  in  State  banks  selected  for  that  purpose;  these  deposit 
banks  were  urged  and  stimulated  to  excessive  issues  to  make  profitable 
the  money  furnished  them  by  the  government;  the  facility  of  borrow 
ing  money  from  them  and  other  banks  tempted  and  encouraged  wild 
and  extravagant  speculations.  This  fever  for  speculation  became  so  con 
tagious  and  contaminating  as  to  threaten  the  country  with  general 
bankruptcy.  After  the  country  was  thus  flooded  with  a  redundant  de 
preciated  currency,  the  late  President  of  the  United  States  (who  had 
contributed  so  largely  the  means  for  this  overtrading)  was  the  first  to 
excite  alarm  and  create  suspicion  and  distrust  in  the  deposit  banks  by 
the  issue  of  the  Treasury  circular.  A  general  feeling  of  distrust  and 
fear  extended  itself  through  the  country;  a  run  was  made  upon  the 
banks,  and  they,  from  necessity,  suspended  specie  payments.  IIowrever 
necessary  the  measure  may  have  been  on  the  part  of  the  banks,  it  is  very 
much  to  be  regretted,  as  it  has  not  only  served  to  embarrass  the  govern 
ment,  but  to  cast  odium  on  the  country  generally.  Any  legislative  action 
of  a  single  State,  without  the  co-operation  of  others,  to  attempt  to  coerce 
the  banks  to  resume  cash  payments,  would  be  impolitic  and  unjust.  So  far 
as  to  the  Federal  government  belongs  the  constitutional  right  of  regu 
lating  and  controlling  the  currency,  we  may  indulge  the  hope  that  her 
wise  and  deliberate  councils  may  devise  some  means  to  extricate  the 
country  from  its  present  embarrassed  and  deplorable  condition.  But  I 
have  no  confidence  in  any  remedy  for  the  existing  evil,  except  in  the 
enterprise  of  our  people,  and  the  abundant  natural  resources  at  their 
command. 

The  important  object  for  consideration  at  present  is  to  give  healthful 
action  to  the  banks,  and  get  them  in  operation  again  by  redeeming  their 


THE  LA  WYER.  123 

notes  with  specie.  Every  inducement  and  encouragement  should  be 
afforded  to  the  banks  to  resume  specie  payments  by  discriminating  be 
tween  the  notes  of  banks  which  pay  specie  and  those  that  do  not.  "What 
ever  may  be  the  evils  occasionally  resulting  from  a  currency  principally 
composed  of  credit  in  the  form  of  convertible  bank  paper,  it  is  now  too 
late  to  speculate  upon  the  possible  advantages  of  returning  to  a  cur 
rency  exclusively  composed  of  the  precious  metals.  In  the  existing 
state  of  the  currency  of  the  commercial  world,  and  particularly  of  the 
United  States,  it  is  utterly  impracticable,  and  would  be  absolutely  ruin 
ous,  if  it  were  possible  to  effect  it.  In  point  of  fact,  four-fifths  of  the 
actual  currency  of  the  country  consists  of  bank  paper,  which  is  received 
as  money,  not  because  it  is  the  representative  of  specie  (for  such  cer 
tainly  it  is  not),  but  because  the  public  have  confidence  in  the  solvency 
of  the  banks,  and  of  their  ability  to  redeem  in  specie  such  portion  of  the 
bills  as  the  state  of  the  exchange,  foreign  and  domestic,  may  cause  to  be 
presented  for  payment.  The  interest  of  the  banks,  not  less  than  their 
duty,  prompts  them  to  be  prepared  to  redeem  their  bills  in  specie.  In 
such  a  state  of  things,  and  unless  they  have  been  tempted  by  extraor 
dinary  causes  to  issue  excessively,  their  ability  will  be  equal  to  their 
obligations.  But  no  bank  or  system  of  banks  that  ever  existed  could 
meet  the  demands  produced  by  a  general  loss  of  the  public  confidence. 
The  existing  currency,  therefore,  is  neither  specie  nor  the  representative 
of  specie,  but  credit  so  regulated  as  to  be  of  equal  value  to  specie  for  all 
the  purposes  of  trade.  Such  being  the  actual  condition  of  our  currency, 
to  withdraw  suddenly  from  circulation  all  that  portion  of  it  which  con 
sists  of  credit,  would  be  to  reduce  all  the  property  of  the  country  to  one- 
fourth  of  its  present  value  ;  and  to  compel  all  persons  who  are  in  debt,  to 
pay  four  times  as  much  as  they  contracted  to  pay.  Credit  is  the  reward 
of  honesty  and  integrity,  and  to  attempt  to  destroy  a  currency  founded 
upon  it,  in  this  advanced  state  of  civil  society,  would  be  contending 
against  the  lights  of  experience  and  civilization.  Our  country  has  ad 
vanced  to  her  present  high  and  prosperous  condition  by  the  use  of  bank 
ing  establishments.  The  wants  of  the  commercial  world  in  its  mutual 
dealings  and  transactions,  are  far  beyond  what  the  existing  amount  of 
the  precious  metals  can  possibly  supply,  and  paper  money  is  absolutely 
necessary  as  the  representative  of  the  credit  which  mercantile  people  re 
pose  in  each  other.  Commercial  credit  is  based  on  the  assumption  that 
it  is  the  interest,  as  well  as  the  duty,  of  every  man  to  be  an  honest  man,  to 
perform  punctually  his  promises  and  contracts.  By  means  of  this  system 
of  mutual  credit,  we  embark  confidently  in  enterprises  and  undertakings 
which  no  procurable  amount  of  gold  and  silver  could  be  obtained  to  sup 
ply,  and  which,  in  the  actual  enterprises  of  modern  days,  would  not  be  a 
tenth  of  the  sum  required.  To  cherish  credit,  public  and  private,  is  to  cher 
ish  honor  and  honesty  as  the  actual  basis  of  human  dealings.  By  so  doing 
we  exalt  the  national  character,  by  expecting  and  enforcing  the  habit  of 


124  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

punctuality  between  individuals;  and  each  man,  under  the  protection 
of  public  opinion,  as  well  as  of  the  law,  is  enabled  by  means  of  this  mutual 
confidence  to  embark  in  projects  useful  to  himself  and  the  public,  which 
gold  and  silver  do  not  exist  to  stimulate.  Public  credit  may  then  be 
regarded  in  the  present  day  as  the  parent  of  all  useful  enterprise;  as 
the  great  source  of  mutual  honor  and  honesty,  and  of  mutual  respect  in 
society.  People  risk  their  property  with  feelings  of  perfect  safety  under 
its  protection,  and  by  means  of  it,  the  modern  character  of  civilized 
society  is  adorned  and  ennobled  far  beyond  the  standard  of  ancient 
times,  though  pictured  as  the  gold  and  silver  age.  But  if  public 
confidence  be  established  as  the  great  moving  power  of  modern  enter 
prise,  it  is  absolutely  necessary  that  some  written  memorandum 
should  be  taken  at  the  time  of  the  extent  to  which  it  is  re 
posed.  By  making  these  memorandums  negotiable,  we  are  driven 
into  a  system  of  paper  money;  to  render  this  safe  to  the  holder 
it  must  be  convertible  into  the  common  currency  adopted  in  part 
throughout  the  world — into  metallic  coin.  The  more  perfect  the  system 
of  public  credit  and  mutual  confidence,  the  less  is  the  amount  of  gold 
and  silver  necessary  to  sustain  it.  That  evils  may  arise  from  the  defec 
tive  construction  of  this  part  of  our  commercial  machinery;  that 
stricter  regulations  may  be  necessary  to  repress  dishonest  or  imprudent 
speculation  and  afford  additional  safeguard  to  the  creditors,  may  well  be 
allowed,  for  experience  has  shown  this  to  be  the  case.  No  revolution 
recorded  in  history  has  produced  so  great  a  change  of  property  as  such 
a  change  in  the  currency  would  produce  if  suddenly  brought  about,  and 
even  if  effected  by  a  very  slow  process,  though  the  intensity  of  the  suf 
fering  would  be  diminished,  it  would  be  more  protracted.  All  that  can 
be  safely  accomplished  by  Federal  or  State  legislation  should  be 
attempted  to  regulate  the  existing  currency  so  far  as  to  preserve  its 
credit  by  preventing  extravagant  and  redundant  issue  on  the  part  of  the 
banks.  In  my  opinion  indulgence  might  be  afforded  to  these  institu 
tions  to  the  extent  that  prudence  will  allow.  This  State  should  not  be 
behind  any  of  her  sisters  in  promptly  resuming  specie  payments  as  soon 
as  practicable.  Good  faith  and  justice  to  herself  require  it.  In  saying 
all  this  I  mean  only  to  point  out  the  general  principles  of  future  action 
which  prudence  and  caution  render  evident  to  myself. 

It  will  be  satisfactory  to  our  citizens  to  know  the  present  condition 
of  the  various  banks  in  our  State.  I,  therefore,  applied  to  the  presidents 
of  these  institutions  and  received  from  them,  with  commendable  prompt 
ness,  the  information  I  requested,  with  the  exception  of  the  Bank  of 
Georgetown,  which  received  my  communication  too  late  to  be  able  to 
furnish  its  return  in  time  for  this  message,  but  which  has  been  promised, 
and  is  hourly  expected— a  proof  of  their  readiness  to  satisfy  the  public 
that  the  bank  credit  of  the  State  will  bear  examination.  I  have  caused 


THE  LAWYER.  125 

the  annexed  abstract  and  summary  to  be  drawn  up  from  the  documents 
transmitted  to  me,  from  which  it  appears  that  the  liabilities  of  the  banks 
of  this  State  to  all  others  than  to  their  own  stockholders  are  as  follows : 

Circulation  of  their  notes  as  stated  therein $5,011,656  56 

Deduct  held  by  them  of  each  other's  notes,  and  of  course 

not  in  circulation 622,571  14 

Whole  circulation -.  $4,389,085  42 

Individual  deposits 3,221,270  74 

Due  the  United  States 88,058  34 

Due  public  officers 74,130  35 


Whole  liabilities 7,772,554  85 

To  meet  these  the  banks  have- 
Specie $1,436,315  12 

Public  stocks 1,068,130  02 

Treasury  notes  of  United  States  ....          94,500  00 


2,598,945  14 
Debts  due  them  by  individuals  on  notes  and 

bills  discounted  arid  other  securities  .    .    16,657,217  64 


Whole   assets $19,256,162  78 

In  addition  to  this,  under  their  charters,  the 
individual  liabilities  of  their  stockholders 
to  double  the  amount  of  their  stock,  ex 
clusive  of  the  Bank  of  the  State  of  South 
Carolina,  amounts  to 15,182,202  00 


Whole  security  to  the  holders  of  the  notes  of  and  deposi 
tors  in  our  banks .    .    .  $34,438,364  78 

To  this  must  be  added  the  pledge  of  the  State  for  the  liabilities  of 
the  Bank  of  the  State  of  South  Carolina. 

As  further  security  to  the  public,  I  hope  in  future  no  bank  will  be  in 
stituted  without  rendering  the  individual  stockholders  liable  in  at  least 
twice  the  amount  of  the  stock  they  hold  for  the  debts  of  the  institution, 
and  that  all  proceedings  against  banks  by  their  creditors  shall  be  rather 
of  a  summary  than  a  dilatory  character.  As  a  future  provision,  I  am 
strongly  of  opinion,  also,  that  no  bank  should  be  permitted  to  go  into 
operation  till  at  least  three-fourths  of  the  capital  subscribed  shall  have 
been  actually,  substantially  and  availably  paid  in;  also,  that  the  direc 
tors  should  be  prohibited  from  all  discounting  of  stock  notes.  The 
public  will  become  satisfied  with  these  institutions  in  proportion  as  they 
see  real  and  effectual  provisions  enacted  to  secure  the  due  performance 
of  the  contracts  which  banks  enter  into  for  their  own  benefit. 


126  LIFE  AND.  TIMES  OF  C.  G.  MEMMINGER. 

So  much  of  Governor  Butler's  message  as  related  to 
currency  and  the  financial  condition  of  the  country  was  re 
ferred  to  a  special  committee,  consisting  of  Messrs.  Davie, 
Memminger,  Yeadon,  Rhett,  Colcock,  Jones,  and  H.  H. 
Thompson.  This  committee,  after  mature  deliberation,  re 
ported  to  the  House  of  Representatives  the  following  resolu 
tions  : 

Resolved,  That  in  the  opinion  of  this  Legislature  it  is  expedient  that 
the  revenues  of  the  Federal  government  be  so  collected  as  ultimately 
to  sever  the  government  from  all  connection  with  the  banks. 

Resolved,  That  in  the  opinion  of  this  Legislature  the  revenue  of  the 
Federal  government  should  be  so  deposited,  kept  and  disbursed  as  not 
to  be  connected  with  or  used  in  banking  operations. 

Resolved,  That  it  would  be  unconstitutional,  inexpedient,  and  dan 
gerous  to  incorporate  a  National  Bank  for  managing  the  fiscal  opera 
tions  of  the  government. 

Subsequently,  Mr.  Rhett  offered  an  additional  resolution, 
"  that  it  is  not  intended  to  reflect  any  discredit  upon  the 
banks  generally  of  the  United  States,  nor,  least  of  all,  upon 
our  own,  of  whose  sound  condition,  as  compared  with  the 
other  parts  of  our  banking  system,  the  Legislature  is  fully 
satisfied." 

The  debate  which  took  place  when  these  resolutions  were 
brought-  to  the  consideration  of  the  House  called  forth  the 
first  expressions  of  Mr.  Memminger's  ability  as  a  statesman, 
and  at  once  placed  him  in  the  front  rank  of  the  political 
economists  and  debaters  who  were  arrayed  for  and  against 
the  National  Bank.  On  the  10th  of  December,  as  a  substi 
tute  for  these  resolutions,  Mr.  Memminger  introduced  the 
following  : 

1.  Resolved,  That  this  Legislature  is  of  the  opinion  that  the  public 
moneys  of  the  United  States  ought  not  to  be  subjected  to  the  casualties 
and  fluctuations  of  banking  operations,  but  should  be  gradually  and 
ultimately  entirely  separated  therefrom. 

2.  Resolved,  That  in  the  opinion  of  this  Legislature  such  a  separation 
ought  not  to  impair  the  public  confidence  in  well-regulated  banking 
institutions,  but  would  rather  tend  to  promote  their  stability  and  credit. 


THE  LA  WYER.  127 

3.  Resolved,  That  as  the  trade  and  business  of  the  country  and  the 
fiscal  concerns  of  the  United  States  have  been  for  a  great  length  of  time 
conducted  by  means  of  banks,  and  as  any  great  and  sudden  change  in 
the  channels  of  business  may  tend  to  injure  the  most  important  inter 
ests  of  society,  it  is  the  opinion  of  this  Legislature  that  the  dues  of  the 
general  government,  or  a  portion  thereof,  ought  to  be  received  and  paid 
away  in  the  notes  of  specie-paying  banks,  until  sufficient  time  should 
be  allowed  for  the  course  of  trade  to  accommodate  itself  to  the  separa 
tion  proposed. 

4.  Resolved,  That  this  Legislature  considers  it  essential  to  a  proper 
administration  of  this  policy  that  the  government  should  accumulate  in 
the  Treasury  no  moneys  beyond  its  actual  immediate  wants,  and  that 
the  gold  and  silver  which  may  be  collected  for  dues  shall  immediately 
return  by  payments  into  the  circulation  of  the  country. 

5.  Resolved,   That  a  bank  of  the  United  States,  chartered  by  and 
conducted  under  the  auspices  of  the  government,  is  unconstitutional 
and  inexpedient. 

These  resolutions  were,  in  fact,  a  minority  report,  Mr. 
Memminger  presenting  and  alone  advocating  them  before 
the  committee,  in  lieu  of  those  heretofore  referred  to  as  the 
majority  report. 

The  debate  on  these  resolutions  as  a  substitute  was  pro 
tracted  through  several  days  of  the  session.  Mr.  Petigru, 
who  was  not  alone  in  theory  but  in  conviction  an  unqualified 
Federalist  of  the  Hamilton  school,  led  the  opposition  to  the 
resolution  and  the  substitute,  and  was  ably  seconded  by 
Messrs.  Perry,  Yeadon,  Toomer,  Irby,  Means,  Adams, 
Thompson  and  Strobhart.  The  substitute  was  finally 
defeated  and  the  debate  renewed  on  the  original  resolutions 
as  reported  by  the  committee.  It  was  in  this  debate  that 
Mr.  Davie  of  Chester,  Messrs.  Seymour,  Porcher  and 
Laborde,  in  advocacy  of  the  resolutions,  made  themselves 
distinguished  and  began  a  career  that  justly  associates  them 
with  the  great  Carolinians  of  that  day.  The  resolutions  were 
passed  by  a  very  large  majority  vote,  but  not  without 
decided  opposition,  as  I  have  heretofore  shown.  Men  of 
great  ability  and  sincere  convictions  championed  the 
National  Bank  cause  from  motives  which  were  undoubtedly 


128  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

free  from  even  a  suspicion  of  corruption.  A  few  were  Fed 
eralists,  as  decidedly  and  as  sincerely  so  as  was  ever  John 
Knox  or  Alexander  Hamilton.  This  measure  was  the  chief 
concern  of  Mr.  Memminger  at  this  session,  and  in  its  discus 
sion  he  at  once  moved  into  the  orbit  of  great  minds  that 
have  made  the  galaxy  of  our  intellectual  firmament  in  Caro 
lina  resplendent  for  the  past  century.  There  were  other 
matters  of  minor  importance  with  which  I  find  him  inter 
ested,  especially  with  regard  to  the  public  and  private  inter 
ests  of  the  city  and  the  constituency  he  so  well  represented. 
Indeed,  there  is  scarcely  a  page  of  the  Journal  of  the  House 
of  Representatives  that  does  not  bear  witness  to  the  earnest 
spirit  with  which  Mr.  Memminger  discharged  the  duties 
entrusted  to  him  as  a  legislator.  I  select  from  among  the 
many  measures  he  brought  forward  only  such  as/becauseof 
their  importance  and  bearing  upon  public  interests,  make 
them  not  only  illustrative  of  the  philosophic  cast  of  Mr. 
Memminger's  mind,  but  historic  and  of  general  interest  to 
the  reader.  It  was  at  this  session  of  the  Legislature  that 
Mr.  Memminger  was  elected  one  of  the  trustees  of  the  South 
Carolina  College,  a  position  of  honor  and  of  responsibility, 
which  he  continued  to  fill  with  great  benefit  to  his  alma- 
mater  for  many  succeeding  years. 

Upon  the  organization  of  the  House  of  Representatives  in 
1838,  Mr.  Memminger  was  made  chairnian  of  the  Committee 
of  Ways  and  Means,  and  also  of  a  special  committee  to 
revise  the  rules  of  the  House.  It  was  at  this  session  that  he 
succeeded  in  having  enacted  a  bill  prepared  by  himself  to 
amend  the  act  previously  passed  for  rebuilding  the  city  of 
Charleston.  The  great  fire  of  this  year  swept  as  a  besom  of 
destruction  over  the  devoted  city,  laying  in  ashes  many 
hundred  houses  and  reducing  to  comparative  poverty  hun 
dreds  of  citizens.  Without  the  means  of  rebuilding,  and 
without  a  credit  upon  which  to  secure  the  means,  these 


THE  LA  WYEE.  129 

unfortunate  people  were  in  almost  a  helpless  condition. 
South  Carolina  has  always  sustained  a  maternal  relation  to 
her  children,  and  was-  e'ver  ready  in  the  golden  era  of  her 
history  to  aid  those  who  were  hy  such  calamities  reduced  to 
a  necessitous  condition.  This  amendment  to  the  original 
bill  enabled  the  unfortunate  owners  of  lots  in  the  burned 
district  to  obtain  a  loan  from  the  Bank  of  the  State  on  such 
easy  terms  as  greatly  facilitated  the  work  of  rebuilding  their 
houses  and  restoring  the  city  with  even  more  attractiveness 
than  it  possessed  before  the  great  fire  of  April. 

As  chairman  of  a  special  committee  to  whom  was  referred 
so  much  of  the  message  of  Governor  Butler  as  related  to  the 
resumption  of  specie  payment,  Mr.  Memminger  reported  a 
series  of  resolutions  similar  in  substance  to  those  reported 
by  him  at  the  previous  session  of  the  Legislature.  The  re 
solutions  provoked  a  long  debate — one  calling  out  the  high 
est  expressions  of  forensic  effort  on  the  part  of  Messrs. 
Memminger,  Wardlaw,  Colcock,  Bellinger,  and  Philips  in 
support  of  the  resolutions,  and  Messrs.  Perry,  Irby,  J.  P. 
Read,  Thompson,  and  Petigru  in  opposition.  The  discus 
sion  continued  through  several  days,  when  finally  the  ques 
tion  was  ordered  and  a  vote  taken,  which  indicated  103  for 
the  resolutions  and  10  opposed.  These  proceedings  were 
but  making  more  emphatic  those  of  the  preceding  Legisla 
ture,  and  clearly  indicated  the  increased  opposition  to  the 
United  States  Bank  and  the  methods  adopted  by  the  gen 
eral  government  of  depositing  the  federal  revenues  with  the 
State  banks.  I  have  singled  out  the  legislation  had  at  this 
particular  time  on  the  subject  of  banks  and  banking,  not 
because  Mr.  Memminger  confined  his  energies  of  mind  as  a 
legislator  exclusively  to  this  important  branch  of  the  public 
service,  but  that  I  may  prepare  the  way  for  the  reader  to 
fully  comprehend  all  of  the  circumstances,  both  Federal  and 
Stater  which  led  to  the  institution  of  proceedings  in  the 

9 


1  f  t  ft  i 


130  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEE. 

courts  against  the  Bank  of  the  State  by  the  State  of  South 
Carolina — a  celebrated  suit,  which,  while  it  forms  a  part  of 
the  history  of  this  period,  will  present  the  great  legal  abili 
ties  and  knowledge  of  Mr.  Memminger,  as  the  Journals  of 
the  House  of  Representatives  preserve  the  record  of  his 
sagacity  as  a  legislator.  As  heretofore  stated,  there  are  but 
few  pages  of  the  Journals  of  the  House  of  Representatives 
that  do  not  record  his  name  in  some  way  connected  with 
the  legislation  of  that  body  upon  almost  every  question  of 
any  importance  brought  before  it.  For  two  decades,  as 
chairman  of  the  Committee  of  Ways  and  Means,  there  was 
no  bill  reported  for  providing  the  revenues  of  the  State  that 
did  not  pass  the  scrutiny  of  his  investigation;  while  as  the 
chairman,  or  a  member  of  many  standing  and  special  com 
mittees,  he  appears  among  the  most  active  and  earnest  of 
the  sons  of  Carolina  in  the  unselfish  service  of  his  fellow- 
citizens.  It  is  apparent  that  Mr.  Memminger  was  opposed 
to  a  National  Bank,  as  it  existed  in  that  day,  and  for  rea 
sons  so  clearly  stated  in  the  resolutions  presented  by  him  to 
the  House  of  Representatives,  that  I  do  not  deem  it  neces 
sary  to  add  a  word  to  their  significance. 

He  did  not  oppose  the  maintenance  of  a  State  Bank  under 
proper  restrictions,  and  for  the  uses  of  the  whole  people, 
under  such  legitimate  relations  of  commercial  exchange  as 
the  experience  of  all  reputable  political  economy  would 
sanction,  but  he  opposed  any  and  all  deviation  from  well 
established  principles  that  would  set  up  an  artificial  stan 
dard  of  values  or  limit  the  bank's  privileges  to  compara 
tively  a  few  persons.  He  believed  that  banks  were  public 
institutions,  and  were  not  to  be  recognised  by  the  law-mak 
ing  power  as  mere  agencies  for  speculation;  that  they  were 
designed  for  the  convenience  of  the  people,  and  not  author 
ized  for  mere  money-making  purposes;  that  as  public  in 
stitutions  they  had  never  been  invested  with  the  right  or 


THE  LAWYER.  131 

the  authority  to  take  advantage  of  circumstances,  and  ad 
vance  the  interests  of  stockholders  to  the  damage  of  the 
general  community.  Hence  he  sought  in  every  way  possi 
ble  to  guard  the  funds  of  depositors,  and  to  make  and  to 
keep  the  banks  solvent  by  limiting  their  powers  and  guard 
ing  their  issues  of  bills  and  other  liabilities  against  the  pos 
sibility  of  an  improper  and  illegitimate  relation  to  a  univer 
sally  recognised  and  normal  standard  of  values. 

His  wisdom  and  integrity  of  purpose  was  recognized  by 
the  constituency,  who  honored  him  with  their  confidence 
and  by  the  legislative  body  in  which  he  held  a  seat,  the 
active,  able  and  earnest  exponent  of  sound  financial  philo 
sophy. 

In  1840  Mr.  Memmiiiger  prepared  and  introduced  a  bill 
entitled  "An  act  to  provide  against  the  suspension  of  specie 
payments  by  the  banks  of  South  Carolina."  It  was  under 
the  provisions  of  this  bill  that  proceedings  were  instituted 
by  the  State  against  the  Bank  of  South  Carolina  to  vacate 
the  charter  of  the  bank  on  the  ground  of  its  having  sus 
pended  specie  payment,  and  the  payment  of  deposits  on 
demand.  I  desire  to  present  this  case  in  full,  as  with  a  few 
others  I  may  select,  it  will  be  the  best  evidence  I  can  lay 
before  the  reader  of  the  ability  of  Mr.  Memminger  as  alawyer, 
and  of  his  sagacity  as  a  statesman. 

"The  Bank  Case,"  as  it  is  known  among  the  lawyers,  but 
more  properly  the  case  of  the  State  versus  the  Bank  of  South 
Carolina,  was  an  issue  joined  on  a  scire  facias  sued  out  of  the 
Court  of  Common  Pleas  for  the  District  of  Charleston,  to 
vacate  the  charter  of  the  bank  on  the  ground  that  the  bank 
had  suspended  specie  payments  of  its  bills  and  of  deposits. 
The  declaration  recites  the  writ,  then  sets  forth  and  alleges 
that  the  persons  named  therein,  and  their  successors,  were 
incorporated  by  an  act  of  the  General  Assembly  of  the  State 
of  South  Carolina,  ratified  on  the  19th  of  December,  1801, 


132  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER.  > 

and  recites  the  several  acts  amending  the  charter.  The 
scire  facias  recites  the  privileges  and  franchises  of  the  bank, 
and  the  use  of  the  several  liberties,  privileges  and  franchises 
given  to  it  by  the  act  of  incorporation,  and  then  further 
alleges  "  that  the  president  and  directors,  for  the  time  being, 
of  the  said  Bank  of  South  Carolina,  resolved  to  suspend  the 
payment  of  gold  and  silver,  legal  current  coin  of  the  said 
State,  as  well  as  of  all  promissory  notes  and  bills  of  credit 
in  the  nature  of  a  circulating  medium  put  forth  and  issued 
by  the  said  Bank  of  South  Carolina,  and  of  all  moneys  re 
ceived  and  held  by  the  said  Bank  of  South  Carolina  on  de 
posit,  as  of  all  other  debts,  dues,  obligations  and  liabilities 
whatsoever  of  the  said  Bank  of  South  Carolina,  and  then  and 
there  declared  the  determination  of  the  said  Bank  of  South 
Carolina  to  suspend  and  refuse  the  payment  of  gold  or  silver, 
legal  current  coin  of  the  said  State,  of  the  promissory  notes 
and  bills  of  credit  in  the  nature  of  a  circulating  medium  of 
the  said  Bank  of  South  Carolina,  and  of  all  moneys  received 
and  held  by  the  said  Bank  of  South  Carolina  on  deposit; 
and  that  the  said  Bank  of  South  Carolina  from  the  18th  day 
of  May,  1837,  until  the  1st  day  of  September,  1838,  .  ,  . 
continually  did  refuse,  on  demand  made  at  the  banking 
house  of  the  said  Bank  of  South  Carolina,  ...  to  re 
deem  or  pay  in  gold  or  silver,  legal  current  coin  of  the  said 
State,  the  promissory  notes  and  bills  of  credit  in  the  nature 
of  a  circulating  medium  of  the  said  Bank  of  South  Carolina, 
which  had  been  put  forth  and  issued  by  the  said  Bank  of 
South  Carolina,  and  did  then  and  there  refuse  to  pay,  in  the 
said  coin,  the  moneys  received  and  held  by  the  said  Bank  of 
South  Carolina  on  deposit,"  etc. 

The  scire  facias  then,  in  the  same  manner,  alleged  a  sec 
ond  suspension  of  specie  payment  on  the  14th  of  October, 
1839,  and  from  that  day  to  the  21st  of  July,  1840,  during 
which  time  the  bank  continued  to  do  business,  receive  de- 


THE  LAWYER.  183 

posits,  discount  notes  and  issue  bills  paying  out  only  its  own 
notes  and  the  notes  of  other  suspended  banks. 

i."  The  scire  facias  lastly  set  forth  that  by  an  act  of  the  Gen 
eral  Assembly  of  said  State,  ratified  on  the  18th  December, 
1840,  entitled  '  An  act  to  provide  against  the  suspension  of 
specie  payment  by  the  banks  of  this  State/  it  was  provided 
that  the  provisions  of  the  said  act  should  be  and  become  a 
part  of  the  charter  of  every  bank  already  incorporated 
within  the  said  State  which  had  heretofore  suspended  the 
payment  of  its  notes  in  legal  coin,  or  which  had  declared 
its  determination  to  refuse  or  suspend  such  payment,  and 
that  every  such  bank  should,  on  or  before  the  first  day  of 
March  next,  after  the  ratification  of  the  said  mentioned  act, 
notify  the  Governor  of  said  State  of  its  acceptance  of  the 
provisions  of  the  said  act,  and  in  case  any  such  bank  should 
neglect  to  give  such  notice,  the  said  Governor  should  forth 
with  cause  legal  proceedings  to  be  instituted  against  such 
bank  for  the  purpose  of  vacating  and  declaring  void  its 
charter.  The  scire  facias  averred  that  the  bank  did  not  ac 
cept  the  said  act  within  the  time  specified,"  etc. 

To  this  declaration  the  defendants  pleaded — first,  not 
guilty;  second,  that  the  bank  at  or  between  either  of  the 
times  mentioned  in  the  declaration  did  not,  on  demand 
made,  refuse  to  redeem  or  pay  in  gold  and  silver,  etc. — a  gen 
eral  denial  ;  third,  that  the  bank  did  not  continually  refuse 
to  pay  its  depositors  in  gold  or  silver  on  demand  ;  fourth, 
"nul  tiel  record"  as  the  charter  alleged  in  the  declaration; 
and,  fifth,  a  special  plea — to-wit  : 

The  Bank  of  South  Carolina  saith  that  before  the  18th  of  May,  in  the 
year  1837 — that  is  to  say,  on  the  1st  day  of  May,  in  the  year  aforesaid — 
the  banks  in  New  York,  Baltimore,  Philadelphia,  Richmond,  and  Fay- 
etteville  had  suspended  specie  payments ;  by  reason  whereof  an  extra 
ordinary  scarcity  and  appreciation  in  value  of  gold  and  silver  coin  took 
place,  whereby  the  payment  of  the  notes  of  the  Bank  of  South  Can> 
olina,  and  of  the  debts  due  and  owing  by  the  said  bank  for  deposits  in 


134  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

gold  and  silver  without  delay  became  impossible;  and  the  said,  the 
Bank  of  South  Carolina,  in  common  with  all  the  banks  in  Charleston, 
did  resolve  to  suspend  the  ordinary  redemption  of  their  bills  and  the 
payment  of  their  deposits  in  gold  and  silver  until  such  time  as  the  same 
could  be  done  by  solvent  banks  in  good  credit  with  safety  to  the  coun 
try,  as  well  they  might.  And  that  on  the  first  day  of  September,  in  the 
year  1838,  the  said  Bank  of  South  Carolina  resumed  the  ordinary  pay 
ment  of  gold  and  silver,  in  satisfaction  of  their  debts  and  liabilities 
without  delay,  until  the  14th  day  of  October,  in  the  year  1839;  and  that 
before  the  last-mentioned  day  another  general  suspension  of  the  banks 
in  Philadelphia  and  Baltimore,  and  in  the  States  of  Virginia  and  North 
Carolina,  as  well  as  of  the  banks  to  the  south  and  west  of  Charleston, 
with  like  effects,  took  place;  that  in  consequence  thereof  the  demand 
for  gold  and  silver,  in  payment  of  bank  notes  and  deposits  in  bank,  be 
came  and  were  extraordinary  and  irregular,  having  no  reference  to  the 
quantity  of  paper  in  circulation  or  unto  the  credit  or  solvency  of  the 
banks  on  whom  such  demands  were  made,  but  solely  to  the  drain  of 
specie  for  foreign  markets,  and  for  the  traffic  in  gold  and  silver  carried 
on  by  persons  trafficking  in  the  precious  metals;  that  the  said  Bank  of 
South  Carolina,  on  both  the  said  last-mentioned  days  and  years  was, 
and  from  thence  continually  has  been,  a  solvent  company,  having  suffi 
cient  means  for  the  payment  of  its  debts  without  any  diminution  of  its 
capital  stock;  but  by  reason  of  the  confusion  of  commercial  affairs  and 
extraordinary  demands  for  coin,  the  said  bank  was  not  able  to  pay  its 
dues  and  liabilities  in  gold  and  silver  coin  without  making  oppressive 
and  ruinous  exactions  of  its  own  debtors,  and  that  under  these  circum 
stances  the  president  and  directors  of  the  said  bank,  in  common  with 
divers  other  good  and  solvent  banks  of  the  city  of  Charleston,  resolved 
to  suspend  the  payment  of  gold  and  silver  coin,  etc. 
And  that  afterwards — to-wit :  on  the  21st  day  of  July,  in  the  year  1840 — 
the  said  Bank  of  South  Carolina,  having  all  along  kept  in  view  the  duty 
of  paying  their  debts  and  liabilities  in  gold  and  silver  coin,  according 
to  the  law  of  the  land,  made  their  arrangements  to  accelerate,  as  far  as 
in  them  lay,  the  day  when  the  resumption  of  specie  payments  might  be 
made,  without  great  and  material  injury  to  all  persons  indebted  to 
them,  did  resume  the  ordinary  payment  of  specie  in  discharge  of  their 
dues  and  liabilities,  and  from  thence  have  continued  so  to  do,  etc. 

The  State  joined  issue  on  the  first  and  fourth  pleas  and 
demurred  specially  to  the  second  and  third,  on  the  grounds 
that  each  was  pleaded  in  bar  to  the  whole  action  and  yet 
answered  only  a  part  of  the  matter  charged  in  the  declara 
tion;  that  they  did  not  answer  any  part  of  them  with  cer- 


THE  LAWYER.  135 

tainty,  and  that  the  substance  of  the  matters  charged  in  the 
declaration  were  neither  confessed  and  avoided,  traversed  or 
denied,  by  either  of  the  pleas,  which  were  evasive,  uncertain 
and  wholly  insufficient.  The  replication  to  the  fifth  plea, 
protesting  that  the  matters  contained  in  that  plea  were 
wholly  insufficient  in  law,  traversed  the  allegation  therein; 
that  the  notes  of  the  bank  and  its  deposits  were  not  depre 
ciated  in  value  and  lost  to  the  holders  and  owners  during  the 
suspension.  To  this  replication  the  bank  demurred  gener 
ally. 

The  cause  was  argued  upon  the  demurrers  before  Justice 
Butler  at  Charleston,  during  the  May  term  of  1841,  by  Mr. 
Memminger,  Mr.  Burt  and  Attorney-General  Bailey  for  the 
State,  and  by  Mr.  Petigru,  Mr.  Legare  and  Mr.  Walker  for 
the  defendant. 

Judge  Butler  in  an  elaborate  opinion  delivered  his  judg 
ment  in  favor  of  the  defendant,  whereupon  the  Attorney- 
General,  in  behalf  of  the  State,  appealed  from  the  judgment 
of  the  court. 

The  writ  of  error  in  this  cause  sets  forth  eighteen  grounds 
of  exceptions  to  the  judgment  of  the  circuit  court.  I  do  not 
deem  it  necessary  to  place  these  several  grounds  of  excep 
tion  before  the  reader,  as  the  argument  of  Mr.  Memminger 
which  follows  will  enable  him  to  gather  the  points  embraced 
in  each  of  these.  The  appellate  court  consisted  then  of  the 
several  judges  of  the  circuit  courts,  conformably  to  the  pro 
visions  of  the  act  of  1831.  The  case  was  referred  to  the 
"  court  for  the  correction  of  errors,"  composed  of  all  the 
chancellors  and  law  judges.  It  was  argued  before  that  tri 
bunal  in  Charleston  at  the  sittings  in  February,  1842,  by 
Mr.  Memminger,  Mr.  Hunt  and  Attorney-General  Bailey  for 
the  State  and  Mr.  Petigru  and  Mr.  Walker  for  the  defendant. 

No  judgment  was  pronounced  by  the  court,  but  a  re* 
argument  was  ordered,  which  was  had  in  Columbia  at  the 


136  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

May  term  of  1843,  when  the  case  was  again  argued  by  Mr. 
Memminger,  Mr.  Hunt  and  Attorney-General  Bailey  for  the 
State,  and  Mr.  Walker  and  Mr.  King  for  the  defendant. 

I  am  enabled  to  present  the  argument  of  Mr.  Memminger 
as  it  is  printed  in  a  volume  of  reports  by  special  act  of  the 
Legislature  in  1844.  It  is  as  follows: 

Mr.  Memminger,  on  behalf  of  the  State,  opened  the  argument  by 
stating  that  it  became  the  duty  of  the  counsel  for  the  State,  in  the  first 
place,  to  extricate  from  the  pleadings  on  the  record,  the  questions  which 
are  to  be  decided  by  the  court;  and  in  doing  so,  they  must  premise  that 
they  have  desired  to  meet  these  questions  fairly;  that  they  have  an 
swered  the  special  pleading  of  the  defendants  with  replications  intended, 
merely,  to  keep  them  to  the  real  issue;  and  that  if,  as  they  believe,  it 
will  be  found  that  the  defendants  themselves  have  become  entangled 
by  these  pleadings,  the  counsel  for  the  State  design  to  make  no  further 
use  of  their  advantage,  than  to  bring  back  the  court  to  the  question 
raised  by  the  scire  facias,  and  to  ask  judgment  only  upon  the  broad 
proposition,  that  by  suspending  specie  payments,  the  bank  has  forfeited 
its  charter. 

The  allegations  of  the  declaration  on  the  scire  facias,  then,  must 
make  out,  by  proper  averments,  a  sufficient  cause  of  forfeiture  of  the 
charter.  In  point  of  fact,  the  declaration  sets  forth  what  is  usually 
termed  a  suspension  of  specie  payments  by  alleging  four  distinct  facts: 

1.  That  the  Bank  of  South  Carolina  having  received  a  charter  as  a 
bank,  and  having  issued  a  large  amount  of  notes  as  a  circulating  me 
dium,  payable  in  gold  and  silver,  and  accepted  a  large  amount  of  de 
posits  payable  also  in  gold  and  silver,  afterwards  resolved  to  suspend 
the  payment  of  these  notes  and  deposits  in  gold  and  silver  coin.  2.  That 
tlie  said  bank  publicly  declared  this  its  determination.  3.  That  it 
actually  refused  to  pay  its  notes  and  deposits  in  current  coin  for  a  long 
space  of  time ;  and,  4,  that  during  such  space  of  time  it  nevertheless 
continued  to  do  business  under  its  charter  as  a  bank,  making  discounts, 
receiving  deposits,  issuing  notes  and  declaring  dividends  among  its 
stockholders. 

The  declaration  then  charges  a  repetition  of  the  same  acts,  after  a 
temporary  resumption  of  specie  payments.  And  the  simple  question  of 
law  raised  by  these  allegations  is  whether  these  acts  make  out  a  cause 
of  forfeiture,  or  in  other  words,  whether  such  a  suspension  of  a  bank, 
confessedly  without  actual  fraud,  is  a  sufficient  ground  in  law  to  declare 
the  charter  forfeited.  In  any  view  of  the  pleadings  which  may  be  taken, 
coming  up  as  they  now  do  before  the  court  upon  a  general  demurrer, 


THE  LAWYER  137 

tho  sufficiency  of  the  first  pleading  must  necessarily  be  the  first  ques 
tion.  This  presents  the  very  point  which  the  counsel  for  the  State  desire 
to  have  adjudged;  and  if  the  court  shall  be  of  opinion  that  such  sus 
pension  is  not  cause  of  forfeiture,  the  other  pleadings  need  not  be  inves 
tigated.  But  if,  as  our  case  undertakes  to  prove,  the  court  should  think 
that  it  is  cause  of  forfeiture,  it  then  becomes  our  duty  to  proceed  fur 
ther,  and  show  to  the  court  how  the  remaining  pleadings  have  affected 
the  form  in  which  the  question  is  presented. 

The  first  plea  of  the  defendant  is  not  guilty,  and  seems  to  be  predi 
cated  upon  the  idea  of  a  general  issue.  It  would  not  be  difficult,  per 
haps,  to  show  that  such  a  plea  is  inconsistent  with  this  form  of  action, 
and  cannot  be  sustained.  But  proceeding  upon  the  rule  above  stated, 
the  counsel  for  the  State  conceived  that  as  the  plea  could  do  no  more 
than  refer  the  facts  averred  to  the  verdict  of  a  jury,  and  left  the  ques 
tion  of  law  precisely  where  it  stood,  they  should  make  no  objection  to 
the  plea,  and  they  have,  therefore,  joined  issue  upon  it.  This  plea, 
therefore,  stands  for  trial  by  a  jury,  and  is  not  involved  in  the  present 
argument. 

The  second  and  third  pleas  each  profess  to  answer  the  whole  declara 
tion;  but  the  second  avers  only  that  the  bank  did  not  continually  refuse 
to  pay  their  notes  in  current  coin ;  and  the  third  avers  that  they  did  not 
continually  refuse  to  pay  their  deposits  in  current  coin. 

It  is  a  rule  of  pleading,  that  where  a  plea  is  offered  in  bar  to  the 
whole  action,  it  must  answer  the  whole  allegation,  except  only  in  those 
cases  where  the  allegation  passed  by  is  wholly  immaterial  or  of  matter 
of  aggravation  merely.  Stephen's  PI.  215-217.  1  Chitty's  PL  554.1  Now, 
the  allegations  of  the  declaration  are :  First,  that  the  defendants  resolved 
to  suspend;  second,  that  they  published  this  resolution  ;  third,  that  they 
refused  to  pay  both  notes  and  deposits;  and,  fourth,  that  they  still  con 
tinued  to  do  business  and  divide  profits  as  a  bank.  The  second  plea, 
therefore,  which  merely  avers  that  they  did  not  refuse  to  pay  their  notes t 
denies  only  a  part  of  the  third  allegation,  and  gives  no  answer  whatever 
to  the  other  allegations ;  and  vice  versa,  the  third  plea,  while  denying  a 
refusal  to  pay  deposits,  says  nothing  as  to  the  notes  or  any  of  the  other 
allegations.  The  allegations  thus  left  unanswered  cannot  certainly  be 
considered  immaterial,  for  they  constitute  the  very  foundation  of  the 
action. 

So,  too,  it  is  anoth'er  rule  of  pleading  that  whatever  is  not  traversed 
or  avoided  is  confessed.  Stephen,  217.  The  second  plea,  therefore, 

1  As  there  are  various  editions  of  Chitty  and  Stephen,  each  differing  both  in  matter  and 
arrangement  from  the  other,  it  will  be  as  well  to  mention  that  the  editions  cited  in  thi.*  argu 
ment  are  of  Chitty  the  Gth  American  from  the  5th  London  edition,  printed  in  Springfield  iq 
1833;  and  of  Stephen,  the  3d  American  from  the  3d  London  edition,  printed  in  Philadelphia 
in  1837.  The  references  are  to  the  English  or  marginal  paging. 


138  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

which  traverses  only  the  refusal  to  pay  notes,  virtually  admits  the  re 
fusal  to  pay  deposits;  and  the  third  plea,  on  the  other  hand,  by  travers 
ing  only  the  refusal  to  pay  deposits,  confesses  the  refusal  to  pay  notes; 
and  so  it  follows  that  taking  both  pleas  together,  all  the  allegations  in 
the  scire  facias  are  confessed  by  the  defendants'  pleading. 

Besides  these  objections,  the  word  continually  inserted  in  the  pleas 
makes  them  both  bad.  It  is  no  answer  to  an  allegation  that  A  owes  B 
one  hundred  pounds,  to  aver  that  B  does  not  owe  the  said  one  hundred 
pounds,  but  the  plea  must  add,  "  or  any  part  thereof."  The  allegation 
is,  that  the  bank  suspended  during  the  whole  time  stated:  the  answer 
is,  that  they  did  not  suspend  during  the  whole  time;  thus  making  the 
time  and  not  the  suspension,  the  matter  put  in  issue.  This  traverse, 
therefore,  comes  within  that  class  of  traverses  which  are  said  in  law  to 
be  too  large;  and  they  are  bad  according  to  all  the  authorities:  1 
Chitty,  647.  Stephen,  224.  Colborne  v.  Stockdale,  1  Str.  493.  Cro.  Eliz. 
84.  3  Bos.  and  Pul.  348. 

To  have  suffered  these  pleas  to  remain  would  have  been  to  entangle 
the  question  and  divided  the  issues  to  the  detriment  of  the  State;  and 
the  counsel  for  the  State  have,  therefore,  demurred  specially  to  them, 
and  it  is  conceived  that  this  demurrer  has  disposed  of  both  of  them,  and 
that  no  further  notice  need  be  taken  of  either. 

The  fourth  plea  is  substantially  a  plea  of  nul  tiel  record,  and  as  it 
does  no  more  than  to  bring  the  charter  under  the  judicial  inspection  of 
the  court,  the  purpose  of  the  State  is  accomplished,  by  making  no  ob 
jection  to  the  plea. 

The  fifth  plea  seems  to  be  that  upon  which  the  defendants  intend  to 
rely,  and  it  will,  therefore,  require  a  more  minute  examination.  It  ap 
pears  to  have  been  conceived  in  the  nature  of  a  special  traverse,  one  of 
the  most  subtle  and  technical  forms  of  pleading.  It  alleges:  1.  That 
before  the  suspension  of  specie  payments  in  Charleston  the  banks  in 
.New  York  and  elsewhere  had  suspended,  and  thereby  created  an  ex 
traordinary  scarcity  of  specie,  whereby  the  payment  of  notes  and  deposits 
by  the  defendants  became  impossible.  2.  That  the  two  suspensions  by  the 
Northern  banks,  as  well  as  by  banks  elsewhere,  rendered  the  demand  for 
gold  and  silver  extraordinary  and  irregular,  having  no  reference  to  the 
quantity  of  specie  in  circulation  or  to  the  credit  or  solvency  of  the  banks, 
and  that  the  defendant  was  solvent,  but  unable,  by  reason  of  this  extra 
ordinary  demand  for  coin,  to  pay  in  gold  and  silver  without  ruinous 
exactions  of  its  own  debtors.  3.  That  during  the  suspension  the  notes 
issued  by  the  defendants  were  not  greater  in  amount  than  was  allowed 
by  the  charter  or  than  it  was  ordinarily  prudent  to  issue.  And  4,  that 
neither  the  notes  nor  deposits  were  lost  or  depreciated  to  the  holders  or 
owners  of  them.  The  plea  then  concludes  writh  an  absque  hoc  that  the 
said  suspensions  are  in  violation  of  any  rules  or  conditions  in  the  char- 


THE  LAWYER.  139 

ter,  or  to  the  perversion  of  the  ends,  objects  and  purposes  of  the  corpo 
ration. 

To  ascertain  the  proper  mode  of  replying  to  the  multifarious  allega 
tions  of  this  plea  it  becomes  necessary  to  examine  into  its  nature,  and  in 
this  inquiry  the  court  will  have  reason  to  thank  Mr.  Stephen  for  the  very 
clear  elucidation  which  his  work  on  pleading  affords  of  this  intricate  and 
perplexed  form  of  pleading.  All  pleas  in  bar  must  be  by  way  of  traverse 
or  by  way  of  confession  and  avoidance.  Stephen,  137.  To  which  of  these 
does  the  fifth  plea  belong  ?  Its  matter  would  seem  to  place  it  among 
pleas  of  confession  and  avoidance,  but  its  form  is  technically  that  which 
is  termed  a  special  traverse.  The  absque  hoc  at  the  end  of  it  fixes  its 
character  and  compels  us  to  consider  it  in  that  form,  in  which  the 
defendants  have  chosen  to  put  it;  and  the  result,  to  which  our  exami 
nation  into  it  as  a  special  traverse  will  conduct  us,  would  be  substan 
tially  the  same  if  it  be  treated  as  a  plea  of  confession  and  avoidance,  for 
in  this  latter  case  the  matter  of  avoidance  could  be  replied  to  in  plead 
ing  precisely  as  we  have  replied  to  the  special  traverse. 

A  special  traverse  consists  of  two  parts— the  inducement  and  the 
alsque  hoc,  or  denial.  The  inducement  is  an  allegation  of  new  affirma 
tive  matter  indirectly  denying  the  adverse  pleading,  but  amounting,  in 
fact,  to  a  complete  denial.  The  absque  hoc  is  intended  to  deny  in  form 
that  which  the  inducement  has  substantially  but  only  indirectly  denied. 
See  the  instances  put  in  Stephen,  165, 168, 172, 174 ;  1  Chitty's  PL  655.  The 
formal  denial  contained  in  the  absque  hoc  is  intended  to  avoid  that  rule 
of  pleading  which  would  condemn  the  inducement  as  a  mere  argumenta 
tive  pleading  on  account  of  its  inferential  and  indirect  character.  The 
design  of  a  traverse  is  to  put  the  parties  at  once  at  issue,  for  it  is  a  rule 
that  to  a  special  traverse  well  pleaded  there  can  be  no  further  pleading, 
either  by  way  of  confession  and  avoidance  or  by  way  of  traverse,  but  the 
adverse  party  is  compelled  to  join  issue.  Stephen,  188. 

And  this  renders  obvious  the  reason  why  the  law  has  laid  it  down  as 
an  essential  rule  in  relation  to  these  traverses  that  the  inducement  must 
be  a  complete  denial  of  the  allegation  on  the  other  side.  Stephen,  189. 
Is  this  rule  complied  with  by  the  fifth  plea  ?  Which  of  the  four  allega 
tions  in  the  declaration  does  this  plea  deny  ?  Is  it  denied  that  the  bank 
refused  payment  of  its  notes,  or  deposits,  or  resolved  to  suspend  specie 
payments,  or  published  their  resolution,  or  carried  on  business  as  a  bank 
while  in  this  state  of  suspension  ?  These  allegations  are,  in  fact,  admit 
ted,  and  it  is  pleaded  in  extenuation,  or  by  way  of  excuse,  or  justifica 
tion,  that  a  certain  state  of  things  existed  which  excused  the  default. 
This  is  the  precise  character  of  what  would  be  held  a  plea  of  justification, 
and  not  a  traverse  at  all,  and  the  plea  is  therefore  a  direct  violation  of 
the  distinction  which  the  law  makes  between  traverses  and  pleas  of  con 
fession  and  avoidance.  It  also  conflicts  with  another  positive  rule  of 


140  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEU. 

law,  which  declares  that  the  traverse  is  bad  if  the  inducement  be  in  the 
nature  of  confession  and  avoidance.  Stephen,  185. 

But  let  us  consider  whether  the  inducement  is  substantially  any  ans 
wer  to  the  declaration,  even  if  the  defendants  be  allowed  to  waive  the 
form  in  which  they  have  chosen  to  present  it.  Surely  it  cannot  be  gravely 
contended  that  because  the  banks  elsewhere  suspended  specie  payments 
that  furnishes  a  justification  for  suspensions  here.  If  the  plea  had 
averred  positively,  what  it  avers  arguendo,  that  it  became  impossible  to 
pay,  then  an  inquiry  might  have  been  instituted  as  to  such  impossibility 
by  joining  issue  upon  it  as  a  fact. 

The  second  matter  of  excuse  urged  by  the  inducement  is  that  gold 
and  silver  became  so  much  appreciated  in  relation  to  paper  that  it  could 
not  be  paid  without  ruinous  exactions  upon  the  debtors  of  the  bank.  If 
this  be  urged  as  a  legal  defense  it  would  change  the  whole  character  of 
courts  of  justice.  How,  as  a  matter  of  law,  is  it  to  be  ascertained  whether 
gold  and  silver  had  appreciated,  when  they  are  themselves  the  only  meas 
ures  of  value.  In  fact,  the  question  as  to  this  appreciation  involves  the 
whole  political  question  as  to  suspensions  and  will  be  considered  whp.n 
the  main  question  is  discussed.  And  in  what  manner  would  the  court 
proceed  to  ascertain  whether  the  exactions  from  the  debtors  of  the  bank 
are  ruinous  or  not  ?  Supposing  that  such  an  inquiry  could  lead  to  anv- 
thing  approximating  legal  certainty,  can  it  be  gravely  urged  that 
because  the  fulfilment  of  its  contracts  by  the  bank  would  lead  to  its 
injury,  therefore  it  is  excused  from  its  performance  ?  And  yet  that  is 
the  substance  of  this  portion  of  the  plea. 

Take  the  next  fact  alleged  in  this  plea,  and  let  us  ascertain  how  f&r 
it  affords  an  answer  to  the  declaration.  It  is  said  that  the  bank  issued 
no  more  notes  than  it  was  allowed  by  its  charter  to  issue,  or  than  it  was 
ordinarily  prudent  to  be  issued.  If  the  bank  issued  no  more  notes  than 
the  charter  allowed,  then  it  is  unnecessary  to  plead  that  fact  at  all  as  a 
defense,  because  the  scire  facias  undertakes  to  prove  that  they  violated 
their  charter.  But  if  it  be  intended  to  offer  this  allegation  as  a  defense 
for  their  refusal  to  pay  their  deposits,  or  for  their  continuance  to  make 
profits  and  pay  dividends  while  in  a  state  of  suspension,  it  is  obvious 
that  it  cannot  avail  as  a  plea,  as  it  leaves  these  material  charges  entirely 
unanswerable. 

The  next  fact  asserted  in  this  plea  is  that  neither  the  notes  nor  deposits 
in  bank  were  lost,  or  depreciated,  to  the  holders.  This  assertion  alone, 
of  all  the  others,  the  counsel  for  the  State  deemed  of  any  importance ; 
and  but  for  the  admission  of  its  truth,  which  would  be  implied  by  a  de 
murrer,  they  would  have  filed  a  general  demurrer  to  the  whole  plea. 
But  not  being  willing  to  concede  so  important  a  fact,  which  they  could 
readily  disprove,  they  have  availed  themselves  of  the  departure  of  the 
defendants  from  technical  rules,  to  bring  them  back  to  the  real  issue. 


THE  LA  WYER.  141 

For  it  is  laid  down  as  one  of  the  leading  rules  in  relation  to  special 
traverses  that  the  absque  hoc  must  be  a  denial  of  the/aci  alleged  in  the 
opposite  pleading.  Stephen,  184, 187.  And  if  it  be  taken  upon  matter 
of  law,  it  may  be  passed  by,  and  a  new  traverse  taken  upon  the  induce 
ment.  Stephen,  191,  188.  Now  the  absque  hoc  of  this  plea  traverses  no 
fact  at  all ;  it  says  absque  hoc  that  the  said  suspensions  are  in  violation 
of  any  rules,  etc.,  in  the  charter,  or  to  the  perversion  of  the  ends,  etc.,  of 
the  institution.  This  is  a  traverse  purely  of  matter  of  law.  It  ought, 
in  terms,  to  have  denied  the  four  special  allegations  of  fact  in  the  dec 
laration  ;  but  instead  of  taking  that  course,  it  has  undertaken  to  tra 
verse  the  conclusion  which  the  law  would  draw  from  those  facts.  The 
result  is,  that  under  the  rule  above  cited  the  State  is  at  liberty  to  pass 
by  the  traverse,  and  to  take  issue  upon  the  inducement,  or  such  part  of 
it  as  is  deemed  material.  This  has  been  done  by  the  replication  to  the 
fifth  plea,  and  the  defendants  have  demurred  to  that  replication.  If 
this  demurrer  be  sustained,  the  court  must  then  pronounce  upon  the 
legal  efficacy  of  the  plea  itself;  and,  if  overruled,  as  the  counsel  for  the 
State  insist  that  it  must  be,  then  there  is  added  to  the  allegations  in  the 
declaration  an  admission,  on  the  record,  that  the  notes  and  deposits  of 
the  bank  were  depreciated  or  lost  in  the  hands  of  the  holders. 

The  State  has,  therefore,  by  its  pleading  secured,  at  all  events,  the 
trial  of  the  main  question,  and  what  has  been  gained,  in  addition  thereto, 
by  the  failure  of  the  defendants'  pleading,  the  counsel  for  the  State 
freely  waive,  conceiving  that  they  will  better  discharge  their  duty  to 
the  country  by  fairly  trying  the  main  issue,  rather  than  by  insisting 
upon  any  technical  advantage  in  this  particular  case.  We  are,  there 
fore,  brought  to  consider  the  main  question,  without  being  trammelled 
in  any  degree  by  the  pleadings. 

I  proceed,  then,  to  the  great  question  in  this  case,  whether  an  incor 
porated  bank  forfeits  its  charter  by  a  suspension  of  specie  payments; 
and,  in  arguing  this  question,  I  propose  to  establish,  consecutively,  the 
following  propositions: 

1.  That  to  every  charter  of  incorporation  there  is  annexed  a  tacit 
condition  that  such  charter  becomes  forfeited  whenever  the  corporation 
ceases  to  perform  the  trusts  for  which  it  was  created,  or  abuses  the 
powers  or  privileges  conferred  upon  it. 

2.  That  banking  corporations,  as  they  exist  in  this  country,  embrace 
three  essential  elements,  constituting  the  primary  objects  of  their  for 
mation  :  first,  discounting  bills  and  making  loans;    second,  receiving 
and  paying  out  deposits;  and,  third,  issuing  notes  in  the  nature  of  cur 
rency. 

3.  That  a  suspension  of  specie  payments  defeats  two  of  the  primary 
objects  or  ends  for  which  banks  are  created,  and  indirectly  perverts  the 
third;  that  it  destroys  the  character  of  a  bank  as  an  institution  for 


142  LIFE  AND  TIMES  OF  C.  G.  NEMMINGER. 

receiving  and  paying  deposits ;  removes  the  only  barrier  against  abuses 
of  currency;  imposes  upon  the  community  an  unsound,  depreciated, 
and  inconvertible  paper  medium,  and  re-acts  upon  the  discounts  of  the 
bank  by  compelling  them  to  be  made  in  the  same  depreciated  medium. 

4.  That  the  primary  objects  or  ends  for  which  banks  were  chartered 
being  thus  defeated,  and  the  franchises  and  powers  granted  being  thus 
misused  or  abused,  the  condition  implied  for  the  protection  of  the  pub 
lic  is  broken,  and  the  charter  becomes  forfeited. 

1.  But  for  the  strenuous  effort  made  on  the  other  side  to  establish 
that  a  bank  charter  is  no  franchise,  I  should  have  deemed  it  unneces 
sary  to  do  more  than  state  the  proposition  from  which  our  argument 
starts,  that  corporate  existence  is  itself  a  franchise,  and  that  every 
charter  of  incorporation,  whether  of  a  banking  company  or  any  other 
association,  is  the  grant  of  a  franchise,  and  subject  to  the  condition  im 
plied  in  all  such  grants.  We  do  not  mean  by  a  franchise,  neither  does 
the  law  intend  by  the  term,  merely  that  class  of  franchises  which  are 
placed  in  the  text-books  in  the  same  category  with  waifs,  wrecks,  or  even 
escheats;  but  we  include  every  grant  from  the  government,  through 
any  of  its  branches,  of  a  privilege  which  gives  to  one  citizen,  or  one  set 
of  citizens,  rights  or  immunities  which  vary  their  position  from  that  of 
the  general  mass.  Our  position  is,  that  government  is  instituted  for 
the  good  of  the  public,  and  is,  therefore,  a  public  trust ;  that  a  distinc 
tion  created  between  the  citizens  can  only  be  legitimately  made  when 
its  object  is  the  public  benefit ;  and  that  a  grant,  therefore,  which  creates 
such  distinction  must  assume  that  the  grantee  is  to  furnish  to  the  public 
the  consideration  in  some  form.  The  grant  of  a  charter  of  incorporation 
to  certain  individuals  has,  usually,  the  effect  of  exempting  them  per 
sonally  from  those  actions  to  which,  without  such  charter,  they  would 
have  been  liable.  They  cannot  be  held  to  bail;  their  bodies  cannot  be 
arrested ;  nor  can  their  estates  be  charged  in  execution.  They  have  a 
perpetual  existence,  under  their  newly  created  form,  and  may  sue  and 
be  sued,  without  any  of  the  embarrassments  to  which  their  unchartered 
neighbors  are  exposed.  They  thus  have  certain  privileges  and.  exemp 
tions  which  are  derived  from  their  charter ;  and  this  is  precisely  what, 
according  to  our  view  of  the  matter,  the  law  means  by  a  franchise  or 
privilege. 

This  view  of  the  subject  is  not  only  sustained  by  elementary  writers, 
2  Bl.  Com.  37,  3  Kent's  Com.  459,  but  it  has  the  support  of  the  Supreme 
Court  of  the  United  States  in  the  celebrated  case  of  Dartmouth  College 
v.  "Woodward,  4  Wheat.  657.  In  that  case  a  charter  of  incorporation  is 
expressly  declared  to  be  a  franchise,  and  is  put  upon  the  footing  of  a 
contract  executed  between  the  public  and  the  corporators,  and  protected 
as  a  contract  by  the  Constitution  of  the  United  States.  In  this  contract 
the  public  are  one  of  the  parties;  and  the  consideration  to  be  furnished 


THE  LAWYER.  143 

by  the  corporation  is,  therefore,  to  the  public.  It  is  generally  some 
great  public  advantage  which  it  is  proposed  to  afford;  such  as  the  ad 
vantages  to  traveling  and  intercommunication  offered  by  a  railroad  or 
bridge ;  or  to  education  by  a  college ;  or  to  commerce  and  currency  by 
a  bank.  The  corporation  undertakes  to  afford  to  the  public  these  ad 
vantages  as  the  consideration  for  the  privilege  of  being  made  a  corpora 
tion,  and  consequently  becomes,  as  it  were,  a  trustee  of  this  considera 
tion  for  the  use  of  the  public.  Hence,  in  Comyn's  Digest,  Franchises, 
G.  3,  it  is  distinctly  called  a  trust;  and  Lord  Holt  and  Mr.  Justice  Bul- 
ler  placed  corporations  upon  the  same  footing  in  the  cases  hereafter  to 
be  cited. 

It  follows,  from  the  law  in  relation  to  all  franchises,  that  if  the  cor 
poration  abuse  this  trust,  or  fail  to  perform  the  objects  for  which  it  was 
created,  its  franchise  of  being  a  corporation  may  be  forfeited.  The  con 
sideration  has  failed,  or  the  trustee  has  abused  his  trust,  and  so  the  con 
tract  may  be  rescinded,  and  the  privilege  which  the  public  had  granted 
may  be  resumed. 

This  proposition  has  been  asserted,  in  terms,  by  every  elementary 
writer  who  treats  of  the  subject ;  and  it  has  the  sanction  of  every  court 
before  which  it  has  been  brought  in  judgment.  Com.  Dig.  Franchises, 
G.  3.  Bac.  Abr.  Corporations,  G.  1  Bl.  Com.  485.  2  Kyd  on  Corp.  474, 
512. 

In  the  courts  it  was  established  by  the  great  case  of  the  city  of  Lon 
don,  which,  although  open  to  condemnation  on  other  accounts,  is  good 
authority  on  this — the  more  especially  as  it  was  confirmed  after  the  Rev 
olution  by  the  case  of  Sir  James  Smith,  8  Cobbett's  State  Trials,  1343,  in 
note — and  in  Rex  v.  Amery,  2  T.  R.  515;  in  Rex  v.  Pasmore,  3  T.  R.  199; 
and  in  Colchester  v.  Seaber,  3  Burr.  1866. 

So,  too,  the  authorities  in  the  United  States  are  equally  conclusive. 
In  the  Supreme  Court  of  the  United  States,  in  the  case  of  Terrett  v.  Tay 
lor,  9  Cranch,  43,  it  is  distinctly  laid  down  that  a  private  corporation 
created  by  the  Legislature  may  lose  its  franchises  by  a  misuser  or  non- 
user  of  them ;  and  that  they  may  be  resumed  by  the  government  under 
a  judicial  judgment  to  enforce  the  forfeiture.  This,  says  Mr.  Justice 
Story,  is  the  common  law  of  the  land,  and  is  a  tacit  condition  annexed 
to  the  creation  of  every  such  corporation.  This  doctrine  is  repeated  in 
the  same  court  in  the  case  of  Mumma  v.  The  Potomac  Company,  8  Pe 
ters,  281. 

In  our  own  State  the  same  doctrine  is  announced  in  White  v.  City 
Council,  2  Hill,  576.  In  New  York  it  has  been  repeatedly  asserted : 
Slee  v.  Bloom,  5  Johns.  Ch.  R  380,  19  Johns.  456;  The  People  v.  Bank  of 
Niagara,  6  Cowen,  209;  and  in  two  other  cases  in  the  same  book,  pp. 
216,  219.  In  Massachusetts  it  is  affirmed  in  two  cases  in  5  Mass.  Rep. 
230  and  420.  In  Vermont,  in  The  People  v.  The  Society  for  Propagating 


144  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER., 

the  Gospel,  1  Paine  C.  C.  Rep.  656.  In  Maryland  in  the  Canal  Company 
v.  Railroad  Company,  4  Gill.  &  Johns.  122.  And  in  Indiana,  in  the  case 
of  the  State  v.  The  State  Bank,  1  Blackford's  Rep.  267. 

It  is  then  clear  that  a  charter  of  incorporation  may  be  forfeited 
whenever  the  corporation  abuses  the  trust  upon  which  it  was  created, 
or  the  powers  and  privileges  with  which  it  is  invested,  or  fails  to  accom 
plish  the  ends  and  purposes  for  which  the  public  granted  the  franchise 
of  being  a  corporation. 

The  question  then  which  we  are  discussing  becomes  changed  in  form 
and  resolves  itself  into  an  inquiry,  whether  the  Bank  of  South  Carolina 
has  thus  abused  its  powers,  or  failed  to  fulfil  the  ends  or  purposes  for 
which  it  was  created. 

2.  And  this  inquiry  leads  us  directly  to  ascertain  in  the  next  place 
what  are  the  ends  or  purposes  contemplated  and  intended  by  the  grant 
of  a  bank  charter. 

These  may  be  ascertained  in  this  case  with  sufficient  distinctness 
from  the  various  clauses  of  the  charter.  But  it  is  not  at  all  necessary 
that  the  charter  should  say  a  word  on  the  subject.  Usage  and  common 
understanding  ascertain  these  points  with  a  reasonable  certainty. 
Thus  in  the  grant  of  the  charter  of  a  ferry,  or  bridge,  or  church,  no  one 
would  be  at  a  loss  to  declare  what  public  objects  were  contemplated; 
and,  with  equal  certainty,  a  mere  charter  for  a  bank  would  imply  the 
objects  intended  by  the  grant. 

In  the  work  of  Angel  &  Ames  on  Corporations,  this  principle  is  con 
firmed  at  page  59, 145.  And  in  the  same  work  at  page  132,  the  ends  or 
purposes  implied  in  a  bank  charter  are  stated.  But  in  the  case  of  the 
New  York  Firemen  Insurance  Company  v.  Ely,  2  Covven,  711,  these  ends 
are  more  authoritatively  declared.  In  that  case  it  is  expressly  declared 
that  a  grant  of  banking  powers  implies  that  the  bank  is  to  exercise 
three  functions  or  powers:  1,  to  discount  notes  and  bills;  2,  to  re 
ceive  deposits;  and  3,  to  issue  bank  notes  in  the  nature  of  currency. 

Upon  examining  the  charter  of  this  bank  it  will  be  found  in  the  va 
rious  clauses  that  all  three  of  these  powers  were  distinctly  expected  by 
both  parties  to  be  exercised  by  the  bank. 

They  are  all  of  great  importance  to  society,  and  are  absolutely  neces 
sary  to  a  commercial  community;  and  the  fact  that  no  bank  has  ever 
existed  in  this  country  without  exercising  them  all,  would  seem  to  be 
conclusive  in  establishing  the  intention  of  the  parties,  and  the  usual 
meaning  of  a  bank.  No  institution  in  this  country  which  should 
merely  discount  paper  should  ever  be  called  a  bank;  neither  would 
such  a  term  be  applied  to  a  mere  place  of  deposit.  In  fact,  a  deposit 
bank  merely  would  be  an  anomalous  institution,  in  which  expense 
must  be  voluntarily  incurred  for  the  benefit  of  the  public  without  any 
compensation ;  a  thing  unknown  in  the  present  circumstances  of  man- 


THE  LAWYER.  145 

kind.  It  is  in  connection  with  the  power  to  issue  notes  in  the  nature  of 
currency,  that  the  other  functions  become  valuable;  and  it  is  this  last 
power  which  offers  the  chief  inducement  to  every  bank,  and  without 
which  their  charters  as  banks  would  never  have  been  asked  or  accepted. 

3.  We  will  be  enabled  then  to  advance  our  argument  by  considering 
thirdly,  the  effect  of  a  suspension  of  specie  payments  upon  each  of  these 
great  functions  which  the  bank  has  undertaken  to  perform,  and  by  as 
certaining  whether  the  trust  confided  to  the  bank  has  been  abused  or 
fulfilled  in  each  or  any  of  them. 

And  first,  as  to  making  discounts.  A  suspension  of  specie  payment 
is  a  confession  by  the  bank  that  specie  is  more  valuable  than  its  notes. 
Before  a  suspension  specie  is  exchanged  on  demand  for  these  notes'. 
After  the  suspension  they  refuse  to  pay  specie  in  exchange  for  their 
notes.  An  individual  then  who  receives  a  discount  from  a  bank  in  si- 
state  of  suspension  delivers  to  the  bank  his  own  note,  which,  by  law,  is 
payable  in  coin,  and  receives  from  the  bank  its  notes  in  exchange,  with 
out  any  diminution  for  their  depreciated  state.  Throughout  the  whole 
course  of  the  suspension  the  banks  paid  out  their  notes  upon  discounts 
at  precisely  the  same  rates  as  though  they  were  exchangeable  for  coin; 
and  the  individual  who  received  them  had  at  once  to  submit  to  a  loss  of 
from  three  to  ten  per  cent,  to  convert  them  into  a  legal  currency. 
This,  according  to  the  decision  of  the  Supreme  Court  of  the  United^. 
States,  was  a  usurious  transaction,  and  a  plain  violation  of  their  char 
ters.  See  Gaither  v.  Farmers'  Bank,  1  Peters,  41.  Bank  of  the  United 
States  v.  Owens,  2  Peters.  527. 

The  only  measure  of  value  which  can  be  applied  to  money  transac 
tions  is  coin;  and  a  party  making  a  loan,  and  paying  in  depreciated 
paper,  as  though  it  were  at  par,  actually  receives,  in  addition  to  the  legal 
interest,  the  difference  between  coin  and  the  depreciated  paper.  Dis 
counting  in  this  manner  by  a  suspended  bank,  therefore,  not  only  vio 
lates  its  charter,  but  holds  out  the  strongest  inducement  to  the  bank  to 
continue  such  violation  of  the  trust  confided  to  them.  If  the  bank  be 
solvent,  and  capable  of  acting  otherwise,  it  is  a  wilful  perversion  of  tha 
power  entrusted  to  it,  to  make  discounts  for  the  accommodation  of  the 
public;  and  if  the  bank  be  insolvent,  then  it  is  a  fraud  upon  the  public 
to  make  discounts,  or  to  continue  to  do  any  business,  which  increases 
its  liabilities,  and  more  especially  where  dividends  are  paid  to  the 
stockholders.  In  either  case  it  comes  clearly  within  .the  rule  of  for 
feiture. 

But,  further,  so  completely  is  this  public  trust  perverted  by  a  suspen 
sion  of  specie  payments,  that  what,  under  other  circumstances,  would 
be  a  public  benefit,  is  converted  into  a  nuisance.  The  admitted  proxi 
mate  cause  of  all  suspensions  is  a  redundant  paper  currency;  and  the 
obvious  remedy  is,  to  prune  this  redundancy;  to  reduce  the  over  issues 


146  LIFE    AND  TIMES  OF  C.  G.  MEMMINGER. 

to  the  legitimate  standard;  to  stop  new  business;  and  diminish  the  old. 
In  this  state  of  things,  if  the  bank  make  a  discount,  an  addition  is 
necessarily  made  to  the  already  redundant  issues;  and  new  poison  is 
thus  sent  forth  into  the  body  politic,  through  the  very  organ  which  was 
created  to  give  life  and  health  to  its  action. 

Secondly,  let  us  next  proceed  to  consider  the  effect  of  a  suspension  of 
specie  payments  upon  the  objects  contemplated  in  the  function  of  re 
ceiving  deposits. 

By  the  law  of  the  land,  as  established  in  The  Bank  of  Kentucky  v. 
Wister,  2  Peters,  318,  every  deposit  is  payable  in  gold  and  silver.  But 
the  first  effect  of  a  suspension,  it  is  plain,  must  be  the  depreciation  of 
bank  notes  below  the  standard  of  coin ;  and  the  individual,  therefore, 
who  is  paid  by  the  bank  with  depreciated  notes,  for  a  deposit,  which  he 
is  entitled  to  receive  in  coin,  is  actually  subjected  to  a  loss  of  the  differ 
ence  in  value  between  the  notes  and  the  coin ;  whilst  the  bank  makes  a 
profit  of  that  difference  at  his  expense. 

It  is  said,  that  the  individual  is  not  bound  to  submit  to  the  loss,  but 
may,  by  an  appeal  to  the  laws,  receive  his  payment  in  legal  coin.  This 
answer  is  mere  mockery  of  a  most  disastrous  condition,  and,  when  ex 
amined,  evinces  still  more  strongly  the  necessity  of  public  interference. 
By  force  of  the  charters  of  the  banks  themselves,  and  of  the  privileges 
which  they  enjoy,  the  business  of  the  country  becomes  concentrated  in 
them.  All  other  currency  disappears ;  and  while  these  institutions  ex 
ist,  all  the  specie  in  the  country  becomes  absorbed  in  their  vaults.  No 
one  finds  it  an  object  to  undertake  discounts,  or  receive  deposits;  and 
the  accumulation  of  capital,  caused  by  the  grant  of  the  bank  charters, 
in  the  banks  themselves,  drives  every  other  competitor  from  the  market. 
They  thus  become  the  sole  channels,  through  which  the  circulation  is  car 
ried  on,  and,  in  virtue  of  the  public  confidence,  become  possessed  of  all 
the  circulating  medium,  either  as  depositaries,  or  as  issuers.  In  this 
state  of  things,  to  propose  to  the  individual,  to  leave  with  the  bank  his 
deposit,  or  to  hold  their  notes  until  they  are  sued,  is  virtually  to  bid  all 
business  cease,  and  to  paralyze  every  limb  in  the  body  politic.  The  bank 
has  got  the  advantage,  and  the  individual  is  compelled  to  submit  to  its 
terms.  And  this  is  the  very  case  which  calls  most  loudly  for  the  inter 
vention  of  public  justice.  For  the  Stats  itself  has  been  the  innocent 
cause  of  the  mischief,  by  creating  such  institutions,  and  giving  them 
power  to  produce  such  a  condition  of  things ;  and  the  State  alone  is  able 
to  cope  with  them.  The  individual,  for  the  time,  particularly  amidst 
the  confused  and  disastrous  trials  which  accompany  a  suspension,  is 
bound  hand  and  foot,  and  must  yield  to  the  necessity  of  the  case.  Under 
these  circumstances,  it  is  a  moral  necessity  which  controls  the  depositor. 
The  law  is  too  slow  to  help  him,  and  he  is  in  fact  so  hemmed  in  by  cir 
cumstances,  as  to  be  glad  to  get  his  deposit  upon  any  terms. 


THE  LAWYER.  147 

But  how  stands  the  case  between  the  bank  and  the  public  ?  Is  this  a 
discharge  of  the  trust  reposed  in  the  bank  ?  Is  this  a  just  exercise  of 
the  power  confided  to  it,  of  providing  for  the  country  a  proper  place  of 
deposit  for  their  money  ?  Is  it  not,  in  fact,  a  perversion  of  the  end  of  the 
institution?  And  consider  the  effect  during  a  state  of  suspension. 
Would  any  individual  venture  to  deposit  coin  in  a  bank,  which  had  pub 
lished  a  declaration  that  it  would  no  longer  redeem  its  obligation  in 
coin?  As  a  place  of  deposit,  then,  the  bank  no  longer  exists;  and  the 
merchant  is  left  suddenly  to  seek  elsewhere,  that  safe  place  of  deposit 
for  his  moneys,  which  the  bank  undertook  to  supply,  as  a  consideration 
for  its  charter.  If  it  be  said,  that  the  bank  continues  to  receive  notes 
on  deposit,  the  answer  is,  that  this  is  but  a  portion  of  its  duty,  and  fur 
nishes  no  excuse  for  the  failure  as  to  its  other  duty. 

But  even  as  to  receiving  notes  on  deposit,  this  is  a  fallacious  defense. 
So  long  as  there  is  some  standard  of  value  every  one  is  able  to  proceed 
upon  certainty.  A  note  for  one  hundred  dollars  means  one  hundred  sil 
ver  dollars.  But  when  that  standard  is  rejected  and  a  deposit  is  received 
by  a  bank  of  one  hundred  dollars  in  paper,  according  to  what  rate  shall 
that  deposit  be  paid  out  ?  The  notes  of  the  bank  itself  fluctuate  from 
day  to  day.  So  also  do  the  notes  of  other  banks.  In  fact,  they  are  no 
longer  currency,  but  have  become  articles  of  commerce,  and  the  deposi 
tor  must  now  take  the  hazard  of  a  speculation  in  which  of  these  articles 
it  may  please  the  bank  to  return  him  his  deposit.  Is  this  the  state  of 
things  which  the  public  intended  by  granting  the  charter  for  a  bank  of 
deposit  ?  Is  this  a  fulfilment  of  the  end  of  its  institution  ?  Is  this  a  per 
formance  of  the  trust  upon  which  the  bank  was  created  ?  Most  assuredly 
it  cannot  be  so  regarded. 

I  come  now,  in  the  third  place,  to  consider  the  last  and  most  impor 
tant  end  for  which  banks  are  created  by  public  authority. 

The  Bank  of  South  Carolina  was  chartered  as  far  back  as  the  year 
1800,  while  the  country  was  yet  fully  mindful  of  all  those  evils  which 
had  been  inflicted  upon  it  by  a  disordered  currency.  The  extreme 
suffering  which  had  been  undergone  from  continental  money,  bills 
of  credit  and  paper  medium  had  opened  the  eyes  of  all  to  the  great 
advantages  of  a  sound  currency.  It  had  been  found,  after  all  trials,  that 
none  could  be  relied  upon  unless  immediately  convertible  into  gold 
and  silver.  The  inducement,  therefore,  which  banks  held  out,  of 
supplying  so  important  a  want,  drew  at  once,  from  the  public,  cor 
responding  grants  of  privileges;  and  in  every  section  of  the  Union, 
a  bank-note  currency,  immediately  convertible  into  coin,  became  the 
established  medium  of  trade.  Such  a  currency  was  found  more 
convenient  even  than  coin,  and  its  regulation  and  management  was 
yielded  up  to  the  banks,  and  became  a  great  public  trust  in  their  hands. 
This  view  of  the  subject  is  taken  by  Mr.  Justice  Spencer,  in  deliver- 


1'48  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

ing  his  opinion  in  the  case  of  the  TJtica  Insurance  Company,  15  Johns.  386, 
and  he  expressly  calls  this  power  to  issue  notes  a  great  public  trust. 

In  South  Carolina  it  is  placed  by  the  law  upon  the  high  ground  of 
a  special  privilege.  By  the  act  of  1814,  all  corporations  are  prohibi 
ted  from  issuing  notes  in  the  nature  of  currency,  except  where  such 
power  is  given  to  chartered  banks.  8  Sts.  at  Large,  33,  4.  And  the 
result  is,  that  the  banks  enjoy  a  right,  which  is  denied  to  every  other 
corporation;  amounting  in  precise  terms,  to  what  we  have  termed 
a  franchise,  or  privilege,  for  the  exercise  of  which  the  bank  is  responsi 
ble.  And  so  it  was  adjudged,  under  the  New  York  banking  law,  in  the 
case  already  cited  of  the  TJtica  Insurance  Company. 

The  nature  and  value  of  this  bank-note  currency  may  still  further  be 
shown  by  considering  the  footing  which  it  had  acquired  in  law. 
In  Miller  v.  Race,  1  Bur.  457,  Lord  Mansfield  declares  bank  notes  to  be 
money  as  much  so  as  a  guinea,  and  to  the  same  effect  is  the  declaration 
of  Lord  Ellenborough  in  Knight  v.  Criddle,  9  East,  48;  so  in  New  York 
in  Handy  v.  Dobbin,  12  Johns,  R.  220;  and  the  same  view  of  the  subject 
is  taken  in  United  States  Bank  v.  Bank  of  Georgia,  10  Wheat,  346.  In 
the  case,  too,  of  Briscoe  v.  Bank  of  Kentucky,  11  Peters,  258,  so  high  is 
the  footing  upon  which  Mr.  Justice  Story  in  his  dissenting  opinion  puts 
them,  and  so  near  to  actual  coin,  that  he  considers  the  banks  unconsti 
tutional  which  exercise  the  right  of  issuing  them. 

Again  there  is  another  class  of  cases  which  declare  that  bank  notes  are 
a  legal  tender  in  payment  of  debts,  unless  specially  objected  to  at  the 
time — a  privilege  which  has  never  been  allowed  to  individual  notes.  In 
fact,  the  whole  course  of  trade  had  established  it  as  the  understanding 
of  all  that  payments  between  individuals  were  always  expected  to  be 
made  in  bank  notes,  and  thus  has  placed  them  upon  the  footing  of  an 
acknowledged  currency. 

Such  being  the  rank  which  bank  notes  held  in  the  affairs  and  busi 
ness  of  the  country,  the  undertaking  to  furnish  them  as  a  currency,  was, 
manifestly,  the  grand  object  at  which  the  public  aimed  in  creating 
banks.  Few  persons  are  aware  of  the  great  expense  to  which  the  coun 
try  willingly  subjects  itself  for  the  attainment  of  this  most  desirable 
end;  and  as  the  inquiry  is  germain  to  the  main  argument  before  us,  it 
is  proper  to  bring  this  point,  although  a  political  subject,  to  the  view  of 
the  court.  It  will  enable  them  to  measure  the  magnitude  of  the  inter 
ests  involved. 

In  the 'issue  of  bank  notes,  a  bank  changes  its  character  from  being 
a  lender,  to  becoming  a  borrower,  of  money.  Every  bank  note  in  the 
pocket  of  an  individual  is,  in  fact,  a  loan  by  him  of  its  amount  to  the 
bank,  until  he  passes  it  to  some  other  person ;  and  then  it  becomes  in  the 
same  manner,  a  loan  from  him  to  whom  it  is  passed.  The  result  is,  that 
'the  whole  amount  of  notes,  issued  by  the  banks,  is  so  much  borrowed  by 


THE  LAWYER.  149 

them  from  a  part  of  the  public  at  large,  and  without  interest ;  and  this 
amount  the  banks  lend  to  another  portion  of  the  public  at  the  rate  of 
six  per  cent,  interest. 

These  two  portions  of  the  public,  it  will  be  perceived,  stand  entirely 
in  different  relations  to  the  bank;  and  inasmuch  as  the  borrowers  from 
the  banks  are  much  fewer  in  number  than  those  who  hold  their  notes, 
the  latter  constitute  much  the  largest  portion  of  the  community.  Those 
who  borrow  from  the  bank,  too,  it  may  be  fairly  assumed,  make,  from 
some  source  of  profit,  the  interest  which  they  pay  for  the  loan,  and  so 
receive  a  compensation.  But  that  larger  portion  of  the  community, 
which  hold  the  notes  of  the  banks  as  a  currency,  are  losing  the  interest 
thereon,  without  any  return,  and  therefore  bear  the  whole  burthen  of 
this  currency.  The  banks  themselves  reap  a  profit  upon  the  whole,  the 
sole  consideration  for  which  is,  the  soundness  of  the  currency  which 
they  undertake  to  furnish. 

It  is  this  profit  which  furnishes  the  inducement  to  banking.  At  the 
time  of  the  suspension,  the  issues  of  the  banks  in  Charleston  amounted, 
together,  to  about  $3,700,000,  the  annual  interest  of  which  is  $222,000. 
If  to  this  be  added  the  issues  of  the  country  banks,  the  aggregate  is 
about  $6,000,000,  bearing  an  annual  interest  of  $360,000.  And  thus  an 
amount  nearly  equal  to  the  whole  general  taxes  of  the  State  is  paid  by 
the  community  to  the  banks  every  year,  for  which  no  sort  of  equivalent 
is  received,  but  the  benefits  which  the  State  is  supposed  to  derive  from 
them  as  banking  corporations. 

Even  to  this  large  sum  should  be  added  something  more  for  the 
deposits  which  stand  in  each  bank ;  for,  in  relation  to  the  community, 
the  banks  are  also  debtors  for  the  deposits;  and  as  they  pay  no  interest 
on  them,  they  stand  in  the  same  relation  with  the  issues  under  another 
name.  The  statements  furnished  upon  which  these  calculations  are 
based  do  not  enable  us  to  ascertain  how  much  of  the  issues  of  one 
bank  are  included  in  the  deposits  in  another.  I  have,  therefore,  not 
undertaken  to  unite  this  uncertainty  with  what  is  certain  upon  the  other 
calculation.  But  it  is  plain  that  as  at  the  time  of  the  suspension  these 
deposits  amounted  to  three  million  of  dollars,  something  more  should 
be. added;  and  the  total  profits  which  the  banks  in  South  Carolina  were 
actually  deriving  from  the  community  at  the  time  of  the  suspension 
must  have  amounted  to  at  least  $400,000. 

Surely,  then,  the  State  must  have  set  a  high  value  upon  this  pub 
lic  trust  when  they  were  content  to  pay  more  for  its  discharge  than 
for  the  whole  machinery  of  the  State  government.  The  benefit  expected 
in  return  from  the  banks  consists  in  maintaining  a  sound  currency, 
and  removing  the  evils  which  had  been  suffered  under  the  system  of 
bills  of  credit.  It  is  true  that  by  no  process  could  the  State  free  itself 
from  every  part  of  this  burthen ;  for,  if  the  currency  were  specie  alone. 


150  LIFE  AND  TIMES  OF  C.  Q.  MEMMINGER. 

still  there  must  be  a  loss  of  interest  on  the  amount  of  coin  in  actual  cir 
culation.  And  so  in  a  bank  which  maintains  specie  payments,  there 
must  be  an  offset  for  the  coin  necessarily  kept  on  hand  to  meet  de 
mands  for  specie.  But  a  bank  in  a  state  of  suspension  declares  that  it 
has  no  such  offset  to  offer;  and  the  suspension  itself  releases  them  from 
the  necessity  of  holding  such  unproductive  capital. 

It  would  seem  demonstrated,  then,  that  the  great  end  and  purpose/ 
contemplated  by  the  public  in  granting  a  bank  charter,  is  the  attain 
ment  of  a  sound,  convertible  bank-note  currency ;  and  that  to  create 
and  preserve  such  a  currency  is  the  great  public  trust  which  the  bank 
has  undertaken  to  furnish  as  a  consideration  for  the  grant.  What  then 
is  the  chief,  in  fact,  the  only  means  of  keeping  such  a  currency  sound? 
It  is  answered  on  every  side,  immediate  convertibility  into  coin.  This 
presents  the  only  test  of  soundness;  the  only  check  to  over  issues;  and 
while  it  continues  to  be  applied,  a  bank-note  currency  so  entirely  satis 
fies  the  public  demands  that  it  displaces  every  other;  and  all  specie  of 
the  country  becomes  either  absorbed  by  the  banks,  or,  if  they  are  tempted 
to  over  issues,  it  is  driven  from  the  market  of  the  country. 

"When  the  banks,  therefore,  suspend  payment  in  specie,  they  volun 
tarily  put  aside  the  only  means  of  preserving  the  very  currency  which 
they  undertook  to  keep  sound;  and  they  compel  the  public,  from  the 
necessity  of  the  case,  to  receive  and  circulate  the  currency  which  they 
have  thus  impaired.  If  they  have  any  coin  on  hand,  and  refuse  to  pay 
it,  they  refuse  to  apply  the  very  remedy  needed;  for,  by  paying  coin 
they  would  at  once  apply  two  means  of  cure :  they  would  thereby  with 
draw  some  of  the  redundant  paper,  and  at  the  same  time  supply  the 
demand  for  coin.  Indeed,  it  is  affirmed  by  very  competent  judges 
that  the  second  suspension  in  Charleston  could  easily  have  been  pre 
vented  by  the  banks  paying  out  freely  from  the  coin  which  they  then 
had  on  hand.  The  actual  demand  was  so  small  that  it  could  easily  have 
been  met.  But  the  refusal  to  pay,  of  itself,  created  a  factitious  demand 
by  impairing  confidence  and  deranging  anew  the  whole  course  of 
trade. 

This  is  not  the  place  to  enlarge  upon  the  evils  which  a  suspension  of 
specie  payments  inflicts  upon  the  country.  The  experience  of  the  last 
six  years  has  written  these  evils  in  characters  too  deep  to  be  easily  for 
gotten  ;  and  it  is  only  necessary  to  ask  the  questions,  whether  a  suspen 
sion  of  specie  payments  does  not  entirely  pervert,  or  destroy,  the  end 
which  the  State  contemplated  in  creating  a  bank  of  issues?  and  whether 
the  failure  to  preserve  a  sound  currency  is  not  a  breach  of  the  trust 
upon  which  the  bank  was  created  ?  There  can  be  but  one  answer  to 
these  questions. 

The  bank,  then,  by  a  suspension  of  specie  payments,  is  shown  to  have 
failed  in  all  the  essential  ends  for  which  it  was  created.  It  has  perverted 


THE  LA  WYER.  151 

and  abused  the  power  to  discount;  it  has  failed  to  perform  the  trust  of 
furnishing  a  place  of  deposit  for  the  moneys  of  the  country ;  and  instead 
of  a  sound  convertible  currency,  it  has  visited  the  community  with  all 
the  evils  of  an  irredeemable  paper  currency.  It  has,  in  fact,  plunged 
the  country  back  into  the  very  evils,  from  which  it  was  intended  that 
the  banks  should  relieve  them. 

4.  The  last  of  the  four  propositions  which  I  proposed  to  establish  in 
the  argument  of  the  main  question  in  this  case,  follows,  as  a  necessary 
consequence  of  the  delinquency,  which  has  thus  been  made  out.  The 
charter  of  incorporation  has  become  forfeited;  the  tacit  condition  is 
broken ;  and  the  State,  by  the  law  of  the  land,  may  now  resume  her 
grant  under  a  judicial  judgment  upon  this  scire  facias. 

Objections. — 1.  But  it  is  objected  that  the  charter  in  express  terms  has 
placed  the  notes  of  the  bank  upon  the  same  footing  with  those  of  indi 
viduals  ;  and,  therefore,  that  no  other  remedies  can  be  used  against  the 
bank,  but  those  which  the  law  allows  against  individuals. 

This  objection  rests  upon  a  fallacy  which  confounds  the  State  remedy 
with  the  individual  remedy.  The  clause  of  the  charter  which  is  referred 
to  merely  contemplated  the  liability  of  the  bank  to  individuals.  At 
the  date  of  this  charter  the  law  was  settled  that  a  corporation  must 
contract  under  seal;  and  when  the  charter  allowed  the  corporation  to 
contract  by  bills,  under  the  hands  of  its  officers,  it  created  a  new  kind 
of  obligation,  the  character  of  which  it  became  necessary  to  define. 
The  clause  which  created  this  new  species  of  obligation,  is  the  one  now 
under  consideration,  and  it  merely  declares,  that  under  such  an  obliga 
tion,  the  bank  should  be  liable  in  the  same  manner  as  an  individual 
upon  a  note  of  hand. 

It  would  be  contrary,  then,  to  every  rule  of  sound  construction  to 
imply  that  such  an  enactment  thus  made  was  intended  to  deprive  the 
State  of  a  great  political  power;  nay,  more,  to  renounce  a  paramount 
public  duty.  The  contract  between  the  State  and  the  corporators  in 
the  charter,  is  a  totally  different  contract  from  any  which  is  formed, 
afterwards  between  the  corporation  and  strangers.  The  remedies  for 
their  breach  are  altogether  different.  The  charter  does  not  attempt  to 
prescribe  the  public  remedy.  It  leaves  that  to  the  common  law.  It  did 
not  need  to  be  prescribed,  as  by  the  very  words  of  the  law  the  charter 
is  held  upon  a  tacit,  not  an  expressed  condition. 

In  fact,  it  would  amount  to  a  tyranny  intolerable,  under  our  institu 
tions,  for  the  State  to  create  great  moneyed  corporations,  and  surrender 
its  governing  and  controlling  power  over  them.  Under  the  decisions 
of  the  Supreme  Court,  upon  the  Constitution  of  the  United  States,  a 
charter  cannot  be  annulled  otherwise  than  by  judicial  authority,  en 
forcing  this  tacit  condition  of  forfeiture.  If  the  General  Assembly, 
^then,  should,  by  construction,  be  held  to  have  surrendered  this  right, 


152  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

the  individual  is  left  single-handed  to  cope  with  a  great  moneyed  power, 
which  must  necessarily  overwhelm  him. 

Besides,  it  may  well  be  doubted  whether,  by  any  law,  the  General 
Assembly  could  surrender  this  right  of  government  and  control  the 
legitimate  functions  of  those  who  might  succeed  them  in  office.  But,  in 
any  event,  it  is  clearly  the  duty  of  the  State  which  creates  such  an  insti 
tution  to  hold  it  accountable  and  see  that  it  discharges  its  duty  to  the 
public.  Such  was  Mr.  Burke's  opinion  in  his  speech  on  the  East  India 
bill  as  to  the  duty  of  the  British  Parliament,  and  the  duty  of  our  Gen 
eral  Assembly  is  rendered  stronger  by  the  paramount  intangibility 
secured  to  charters  by  the  Supreme  Court  of  the  United  States. 

These  views  furnish  an  answer  to  the  case  from  Alabama  of  The 
State  v.  The  Tombeckbee  Bank,  2  Stewart's  Rep.  30,  which  will  be  relied 
on  upon  the  other  side  so  far  as  it  has  any  bearing  on  this  case ;  for 
although  the  circuit  judge  has  laid  much  stress  upon  it,  yet  upon  exami 
nation  it  will  be  found  that  for  the  purposes  of  an  authority  a  clause  of 
the  Constitution  of  Alabama  subjects  it  to  a  principle  which  entirely 
separates  it  from  the  case  now  before  this  court,  and  as  an  obiter  dictum 
it  is  based  entirely  upon  the  three  cases  in  6  Cowen's  Reports,  196,  211. 
217,  which  have  already  been  cited,  and  which  are  very  erroneously  sup 
posed  to  decide  the  point. 

There  is  another  fallacy  pervading  this  reasoning  which  confounds 
together  the  remedies  against  individuals  and  corporations.  It  consists 
in  overlooking  the  consequences  arising  from  that  rule  of  the  law  which 
declares  that  corporations  can  exercise  no  power  but  such  as  is  actually 
granted  by  the  charter.  4  Wheat.  636;  2  Cowen,  711.  An  individual 
may  issue  as  many  notes  as  he  pleases,  without  any  grant  from  the 
State;  but  a  corporation, without  such  grant, can  issue  none.  The  indi 
vidual,  therefore,  is  under  no  liability  for  his  exercise  of  the  right; 
whilst  the  corporation,  on  the  contrary,  is  fully  responsible.  By  revers 
ing  the  picture,  the  differences  are  made  yet  more  obvious.  As  regards 
.the  right  of  the  individual  to  issue  notes,  the  State  may  restrict  or  take 
it  away,  at  any  time,  by  a  simple  enactment ;  but  when  once  the  right 
has  been  granted  to  a  corporation,  by  a  charter,  it  cannot  be  divested 
by  any  legislation,  and  no  control  remains  to  the  State  but  the  exercise 
of  its  judicial  power  on  a  question  of  forfeiture. 

2.  It  is  further  objected,  that  the  bank  is  authorized  by  its  charter  to 
issue  notes  to  three  times  the  amount  of  its  capital;  and,  consequently, 
cannot  be  subjected  to  a  forfeiture  for  suspending,  if  its  issues  be  within 
that  limit.  This  objection  is  founded  upon  a  mistaken  view  of  the  ob 
ject  of  the  clause.  A  bank,  alone,  of  all  corporations,  has  authority 
to  create  debts  without  any  definite  object.  A  railroad  or  a  bridge  com 
pany  could  only  borrow  money  to  be  applied  to  the  purposes  of  their  in 
stitution  ;  and  those  purposes  would  necessarily  limit  the  extent  of  such 


THE  LAWYER.  153 

loans.  But  from  the  nature  of  a  bank,  there  is  no  limitation  of  this  sort ; 
and  nothing  short  of  a  limitation  in  the  charter  would  restrain  a  bank 
from  contracting  debts  or  making  issues  to  any  extent,  however  large. 
It  was  indispensably  necessary,  therefore,  to  prescribe  a  limit  in  the 
charter;  and  it  accordingly  does  provide  that  the  total  amount  of  all 
the  debts  (not  issues  alone)  should  not  exceed  three  times  the  capital. 

By  what  process  of  reasoning  can  it  be  maintained,  however,  that 
within  this  limitation  the  bank  is  released  from  the  obligation  to  pre 
serve  its  issues  sound?  Is  it  contended  that  the  State  designed  to  re 
move  all  the  checks  which  prudence  might  suggest,  and  let  the  bank 
run  wild  within  this  limitation?  For  it  must  be  admitted,  on  the  other 
side,  that  if  this  clause  can  bear  the  construction  which  is  contended 
for,  it  would  sustain  the  bank  in  any  course  of  management  within  the 
limitation,  however  wild  and  speculative ;  and  thus  a  measure  of  secur 
ity  and  precaution  would  be  converted  into  a  license  for  the  wildest  ex 
travagance.  Upon  every  just  principle  of  construction,  the  clause  must 
be  regarded  as  analogous  to  those  laws  which  subject  the  accounts  of 
certain  public  officers  to  a  scrutiny,  merely,  as  an  additional  security  to 
the  public.  The  sureties  of  such  officers  have  again  and  again  endea 
vored  to  excuse  their  liability,  on  the  ground  that  the  accounts  had  not 
been  examined  as  the  law  provided;  but  the  courts  have  as  uniformly 
held  that  a  mere  precaution,  prescribed  for  the  security  of  the  public, 
should  not  be  construed  to  affect  any  other  right  which  the  public  had. 
United  States  v.  Kirkpatrick,  9  Wheat.  720. 

In  the  nature  of  things,  one  limitation  already  existed  to  restrain 
the  over  issues  of  a  bank.  It  was  in  that  paramount  law  of  the  Consti 
tution  which  makes  every  obligation  payable  in  gold  and  silver.  To 
this  was  added,  by  the  charter,  the  limitation  of  the  amount  of  indebt 
edness.  The  General  Assembly  may  be  presumed  to  have  said  to  the 
bank:  Though  you  pay  coin,  as  the  law  requires,  you  shall  not  exceed 
three  times  your  capital;  to  that  amount  you  may  go,  but  take  care 
that  even  within  this  amount  you  preserve  the  currency  sound.  If  you 
fail  to  do  so,  you  will  become  a  public  nuisance,  and  we  must  abate 
you. 

In  proof  that  this  is  the  correct  view  of  the  subject,  stands  the  fact 
that  the  amount  of  the  indebtedness  of  a  bank  has  nothing  to  do  with 
the  soundness  of  its  currency.  For  a  bank  with  a  very  small  circulation 
may  be  utterly  worthless,  while  on  the  other  hand  a  bank  with  a  very 
large  issue  might,  for  the  whole  amount,  have  in  its  vaults  dollar  for 
dollar.  Take  the  case  of  a  bank  with  $100,000  of  issues  and  a  capital  of 
a  million  of  Mississippi  or  Ocmulgee  stock,  or  any  other  unavailable  as 
sets  ;  and  suppose,  on  the  other  side,  a  bank  with  a  million  of  issues  and 
a  million  of  dollars  in  its  vaults.  The  safety  of  a  bank  does'not  depend 
upon  the  indebtedness,  but  upon  the  relative  proportion  between  its 


154  LIFE  AND  TIMES  OF  C.  G.  MEMM1NGE&. 

debts  and  available  assets ;  and  it  is  the  keeping  these  proportions  true 
which  constitutes  prudence  in  their  management. 

3.  Certain  cases  will  be  cited  from  6  Cowen,  196,  211,  and  217,  in  sup 
port  of  the  positions  relied  on  upon  the  other  side.  These  cases  all  arose 
upon  certain  statutes  of  New  York,  and  when  examined,  will  be  found 
to  stand  entirely  clear  of  the  propositions  involved  in  the  present  case. 
They  belong  to  that  class  of  cases  where  a  special  remedy  has  been  pro 
vided  by  the  charter,  for  the  particular  case;  and  that  remedy,  it  was 
held,  must  be  strictly  followed. 

But  they  have  no  relation  to  the  common  law  remedy,  where  it  stands 
unimpaired  by  legislation;  and,  indeed,  the  opinion  of  Mr.  Justice 
Woodworth  implies,  that  but  for  the  protection  which  the  statute  afforded, 
the  forfeiture  at  common  law  must  have  ensued.  2  Cowen,  215,  216.  In 
fact,  these  cases  give  the  only  just  idea  which  can  be  applied  to  a  sus 
pension  per  se,  as  it  has  been  termed:  they  treat  it  as  perfect  slumber  of 
the  bank;  an  entire  suspension  of  all  its  functions.  So  that  when  it 
ceases  to  discharge  its  duty,  it  must  cease  also  to  make  profits,  or  to  do 
business  for  its  stockholders. 

The  case  of  Alberti  v.  The  Bank  of  the  United  States,  in  Philadelphia, 
of  which  a  report  has  appeared  in  the  newspapers,  is  the  only  case  in 
which  a  distinct  declaration  is  made,  as  it  certainly  was  made  by  the 
judge,  who  delivered  the  opinion  of  the  court  in  that  case,  that  a  sus 
pension  is  not  a  cause  of  forfeiture  at  the  common  law.  But  this  opinion 
was  not  necessary  to  the  judgment  in  the  case,  inasmuch  as  it  went  off 
upon  another  ground.  Still,  however,  the  point  was  argued,  and  an 
opinion  expressed;  and  as  far  as  that  goes,  it  is  against  the  action  in  this 
case.  But  we  apprehend,  that  Pennsylvania  is  not  the  region  from 
which  this  court  will  introduce  new  law  as  to  banks,  either  for  the  use 
or  the  instruction  of  South  Carolina. 

The  stupendous  frauds  which  have  been  practiced  in  that  region,  and 
that  most  disastrous  of  all  bank  failures,  the  failure  of  the  Bank  of  the 
United  States,  have  there  shaken  loose  the  moorings  of  public  virtue. 
We  may  set  off  with  confidence  against  this  case  the  honest  and  straight 
forward  judgment  and  reasoning  of  the  court  of  Indiana  in  the  case  of 
The  State  v.  The  State  Bank,  in  1  Blackford's  Reports,  267,  in  which  alone, 
of  all  the  cases,  a  judgment  of  the  court  is  given  directly  upon  the  point 
of  suspension. 

The  result  of  all  these  cases  is  to  leave  the  court  free  to  take  such 
course  as  its  own  judgment  may  dictate,  unfettered  by  any  direct 
authority  upon  the  point.  The  issue  is  fairly  joined  between  the  parties, 
and  it  remains  for  the  court  to  determine  whether  the  stern  morality  of 
the  common  law  shall  form  the  standard  of  commercial  probity  with  us, 
or  whether  the  failure  to  comply  with  obligations  shall  be  decked  with 
new  names  and  established  as  the  fashion  of  the  day  in  this  State  also. 


THE  LAWYER.  155 

South  Carolina  has  throughout  the  late  financial  crisis  stood  upon  a  proud 
eminence.  Her  probity  and  honor  have  given  character  to  everything 
upon  which  her  name  was  stamped,  and  it  is  a  fact,  be  it  spoken  to  her 
honor,  that  the  notes  of  her  State  institutions  were  received  as  a  cur 
rency  throughout  the  Union,  during  the  wrhole  of  the  late  disastrous 
times.  It  may  fairly  be  assumed,  that  this  confidence  was  mainly  owing 
to  the  high  tone  of  public  virtue,  which  her  General  Assembly  exhibited, 
and  to  the  steady  hand  with  which  she  at  once  checked  the  downward 
tendency  of  her  banks.  But  if  her  courts  of  justice  shall  recognize  the 
suspension  of  specie  payments  as  a  right  in  the  banks ;  if  the  sternness 
of  judicial  integrity  shall  be  perceived  to  estimate  a  failure  to  redeem 
obligations  by  another  standard :  then  the  whole  pitch  of  public  senti 
ment  must  be  lowered,  and  the  suffering,  which  has  been  undergone  in 
the  supposed  attainment  of  a  great  public  good,  will  have  been  endured 
in  vain.  May  that  God,  who  holds  in  his  hands  the  hearts  of  rulers  and 
judges,  guide  this  court  into  all  truth,  and  direct  it  to  such  judgment 
in  this  cause,  as  shall  best  promote  the  ends  of  public  justice  and  the 
virtue  and  happiness  of  our  people. 

The  arguments  of  the  other  counsel  in  this  celebrated 
case  are  all  reported  in  the  volume  referred  to.  If  the 
scope  of  this  work  permitted  I  would  not  feel  that  I  was 
wearying  the  reader,  especially  if  he  be  an  appreciative 
lawyer,  by  inserting  them  in  this  Memoir.  As  a  companion 
for  that  of  Mr.  Memminger  and  a  fine  specimen  of  his  ad 
mirable  diction,  the  writer  regards  the  argument  of  Mr. 
Petigru,  as  reported,  among  the  ablest  expressions  of  legal 
acquirement  he  has  ever  met  with,  while  that  of  Attorney- 
General  Bailey  is  exhaustive  of  the  subject,  and  in  its  finish 
worthy  of  the  Bar  of  which  he  was  so  distinguished  a  mem 
ber.  In  closing  his  argument,  which  covers  one  hundred 
and  fifty  pages  of  the  volume,  Mr.  Bailey  uses  the  following 
language : 

The  judgment  in  Mr.  Hampden's  case  destroyed  not  the  rights  of  the 
people — but  the  monarchy  it  attempted  to  render  absolute ;  and  that  in 
the  case  of  the  city  of  London  only  produced  a  revolution  and  a  bill  of 
rights.  And  so,  too,  the  several  efforts  made  by  the  Supreme  Court  of 
the  United  States  to  enlarge  the  powers  of  the  general  government  by  a 
subtle  and  perverse  construction  of  the  Constitution  have  practically 
but  rendered  that  government  weaker;  whilst  they  have  almost  entirely 


156  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEE. 

destroyed  the  confidence  of  the  people  in  the  judiciary  and  filled  the 
land  with  jealousies,  fears  and  heart-burnings,  which  have  loosened  the 
bonds  of  the  Union  itself.  If  I  have  any  apprehensions  as  to  the  results 
of  this  case  it  is  only  for  consequences  of  the  character  I  have  last  ad 
verted  to.  The  people  of  South  Carolina  will  not  submit  to  be  governed 
by  banks,  and  they  cannot  be  compelled  to  submit  whatever  else  may 
be  the  result  of  any  effort  to  enforce  submission.  They  never  will  en 
dure  arbitrary  government  of  any  sort,  and  least  of  all  that  meanest, 
most  odious,  and  most  degrading  of  all,  the  domination  of  an  irresponsi 
ble  moriied  oligarchy. 

Lord  Morpeth,  afterwards  the  Earl  of  Carlisle,  was  visit 
ing  Columbia  at  the  time  these  arguments  were  being  heard 
before  the  Appellate  Court.  He  became  deeply  interested 
in  them,  as  he  was  with  the  conduct  and  proceedings  of  our 
Legislature.  To  one  who  is  now  a  venerable  member  of  the 
Columbia  Bar  (Hon.  J.  D.  Pope),  he  declared  the  argu 
ments  in  the  bank  cases  the  finest  that  he  had  ever  lis 
tened  to.  In  his  forcible  style  of  delivery  and  directness  of 
method,  he  compared  Mr.  Memminger  to  Sir  Robert  Peel, 
the  great  leader  of  the  English  House  of  Commons. 

Justice  Richardson  delivered  the  judgment  of  the  court. 
His  review  of  the  case  and  opinion  is  justly  regarded  among 
the  ablest  judicial  utterances  of  the  Bench,  which  in  South 
Carolina,  for  purity  of  purpose  and  comprehensive  knowl 
edge  of  the  law,  had,  in  these  days,  no  superior  in  the 
United  States.  The  opinion  is  a  valuable  law  treatise  in 
itself — one  that  not  only  all  accomplished  lawyers  should 
be  familiar  with,  but  worthy  the  consideration  and  careful 
study  of  those  who  properly  appreciate  the  great  funda 
mental  principles  of  political  economy,  whether  lawyer  or 
layman,  jurist  or  man  of  business  affairs. 

Concurring  opinions  were  delivered  by  Chancellors  Har 
per,  Dunkin,  and  Johnston,  and  Justice  Wardlaw.  Chan 
cellor  Johnson  delivered  an  able  dissenting  opinion,  which 
was  concurred  in  by  Justices  O'Neal,  Evans,  and  Butler. 
The  judgment  of  the  circuit  court  was  thereupon  reversed. 


THE  LA  WYER.  157 

The  scire  facias  being  sustained  by  the  decision  of  the 
Court  of  Appeals,  vacated  the  charter  of  the  bank,  which 
was  renewed  by  an  act  of  the  Legislature  passed  at  the  ses 
sion  of  1844. 

The  effect  of  these  proceedings  was  to  bring  the  banking 
system  of  the  State  to  that  normal  state  of  legitimate  finan 
cial  exchanges  which  preserved  the  currency  of  the  banks 
in  South  Carolina  from  speculative  fluctuations  in  intrinsic 
value,  and  held  the  notes  of  the  Bank  of  the  State,  and  all 
other  reputable  banks  in  the  State,  at  par  with  the  gold 
standard  recognized  throughout  the  commercial  world.  It 
was  in  consequence  of  the  proceedings  in  these  cases  that  a 
bill  of  the  Bank  of  South  Carolina  was  accepted  every 
where  in  commercial  transactions  as  the  representative  of  so 
much  gold  and  commanded  a  large  premium  over  the  bills 
of  the  banks  in  other  sections,  which  were  being  conducted 
upon  a  more  speculative  plan.  Security  took  the  place 
of  mistrust,  and  actual  value  that  of  a  mere  printed  asser 
tion. 

It  was  not  until  the  War  of  Secession,  beginning  in  1860, 
disturbed  the  system  thus  inaugurated,  and  until  the  march 
of  armies  and  the  chaos  of  revolution  took  the  place  of 
peaceful  occupations,  that  the  currency  of  South  Carolina 
ceased  to  represent  on  the  face  of  the  bank  bills  their  full 
gold  value. 

Dr.  McGuffey,  for  many  years  a  distinguished  Professor  of 
Political  Economy  at  the  University  of  Virginia,  in  a  lec 
ture  to  his  class  on  the  subject  of  banking,  declared  this  ar 
gument  of  Mr.  Memminger  to  be  the  soundest  and  most 
exhaustive  treatise  on  banking  he  had  ever  met  with. 

I  trust  that  no  apology  is  due  the  reader  for  having  led 
him  into  alcoves  that  may,  to  some  extent,  be  barren  of  that 
more  enticing  literature — 

"  Where  sports  the  warbling  muse  and  fancy  soars  sublime." 


158  LIFE    AND  TIMES  OF  C.  G.  MEMMINGER. 

Biography  would  be  but  poorly  written  if  it  did  not  pre 
sent  truthfully  and  without  the  gloss  of  rhetorical  exagge 
ration  or  excuse  the  character  and  the  thoughts  and  the  acts 
of  the  individual. 

Following  the  case  of  The  State  versus  The  Bank  of  South 
Carolina  came  that  of  The  State  versus  The  Bank  of  Charles 
ton.  This  case  was  in  some  respects  similar  to  that  of  the 
Bank  of  South  Carolina — so  much  so  that  I  deem  it  unneces 
sary  to  refer  to  the  pleadings  or  to  the  arguments  of  coun 
sel.  Before  dismissing  the  subject  of  the  bank  cases,  and  as 
an  evidence  of  the  sincere  and  patriotic  motives  that  influ 
enced  Mr.  Memmiiiger  to  attack  with  such  earnestness  the 
State  Bank,  allow  me  to  call  the  reader's  attention  to  the 
proceedings  of  subsequent  legislatures  with  regard  to  this 
matter. 

The  charter  of  the  Bank  of  South  Carolina  was  about  to 
expire  by  limitation,  and  in  anticipation  of  this  Mr.  Mem- 
minger  introduced  in  the  House  of  Representatives  during 
the  session  of  1848  the  following  resolutions: 

1st.  Eesolved,  That  it  is  unwise  and  inexpedient  for  a  State  to  engage 
in  banking  or  to  subject  its  resources  to  the  casualties  of  banking  opera 
tions. 

2d.  That  the  Bank  of  the  State  is  founded  on  this  erroneous  policy  and 
exposes  the  public  treasury  and  the  public  faith  to  the  hazards  incident 
to  banks. 

3d.  That  it  is  inexpedient  to  re-charter  the  Bank  of  the  State,  and  that 
measures  ought  now  to  be  taken  to  wind  up  its  concerns  during  the 
period  of  its  present  charter. 

4th.  That  a  special  committee  of  each  House  be  appointed  to  devise 
and  report  at  the  next  session  the  proper  measures  for  carrying  into  ef 
fect  the  last  resolution. 

These  resolutions  were  adopted  after  a  protracted  debate, 
in  which  Mr.  Memminger  presented  his  objections  to  the 
State  entering  upon  a  banking  business  in  speeches  of 
great  power.  He  was  made  chairman  of  the  joint  committee 
raised  by  the  resolutions,  and  as  such  reported  to  the  House 


THE  LAWYER.  159 

in  the  session  of  1849  a  bill  to  provide  for  winding  up  the 
affairs  of  the  bank.  This  bill  was  under  discussion  for  a 
length  of  time  during  this  session,  and  called  out  the  full 
force  of  the  friends  of  the  bank,  who  were  ably  represented 
in  the  discussion,  and,  as  I  am  informed,  by  strong  and  influ 
ential  agents,  who  remained  at  the  capitol  until  the  decisive 
vote  w^as  taken.  This  vote  was  taken  on  a  motion  of  Mr. 
Irby  to  indefinitely  postpone  the  bill,  reports,  resolutions 
and  amendments.  Those  voting  to  indefinitely  postpone 
the  whole  subject  numbered  sixty-two,  and  those  voting  in 
the  negative,  sixty. 

The  spirit  displayed  in  the  debate,  and  the  methods 
resorted  to  by  the  friends  of  the  bank,  greatly  incensed  Mr. 
Memminger.  On  his  return  to  his  constituency  he  pub 
lished  a  series  of  articles  in  the  Charleston  Courier,  over  his 
signature,  in  which  he  presented  his  objections  to  the  re- 
charter  of  the  bank.  I  do  not  deem  it  necessary  to  publish 
all  of  these  articles,  as  the  last,  which  is  a  recapitulation, 
will  be  sufficient  to  present  the  matter  clearly  to  the  reader. 
In  the  opening  sentences  of  his  first  article  he  uses  the  fol 
lowing  language: 

At  the  last  session  of  the  Legislature  the  debate  on  the  Bank  of  the 
State  was  suppressed  by  the  friends  of  the  bank  before  they  allowed  me 
the  opportunity  to  reply  to  them.  As  the  chairman  of  the  committee 
which  reported  the  bill  under  consideration,  and,  moreover,  as  chairman 
of  the  Committee  of  Ways  and  Means,  I  was  entitled  to  be  heard  in 
reply.  This  right  was  still  more  manifest  because  I  had  been  personally 
assailed  by  two  champions  of  the  bank,  and  the  South  Carolina  Legis 
lature  had  never  before  refused,  to  the  humblest  representative,  an 
opportunity  to  defend  himself.  This  result  was  brought  about  by  a  bare 
majority  of  two  votes,  and  when  you  are  informed  that  the  two  cham 
pions  who  had  assailed  me  personally  voted  in  the  majority,  and  that 
one  of  them  actually  harangued  the  House  in  favor  of  cutting  off  the 
debate,  and  with  it  my  reply,  you  will  agree  with  me  that  pursuit  of 
such  adversaries  would  be  superfluous.  I  have  no  disposition  to  tear 
them  from  the  horns  of  the  altar;  but  the  privilege  of  the  sanctuary 
is  altogether  personal,  and,  while  I  redeem  the  pledge  which  I  made  at 
the  opening  of  the  debate,  to  decline  all  personal  controversy,  I  cannot 


160  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

permit  the  friends  of  the  bank  to  shut  me  out  from  laying  before  you, 
fellow-citizens,  the  information  and  arguments  which  I  had  collected  in 
Jeply. 

Before  presenting  to  the  reader  the  concluding  article 
of  Mr.  Memminger,  which  is  a  review  of  the  whole  contro 
versy  between  himself  and  Mr.  F.  H.  Elmore,  the  president 
of  the  bank,  I  deem  it  proper  to  call  the  reader's  attention 
to  the  answer  of  Mr.  Meinminger  to  the  charge  made  against 
him  as  chairman  of  the  Committee  of  Ways  and  Means  in 
the  House,  and  against  Mr.  Jefferson  Bennett,  a  prominent 
senator,  of  conspiring  together  to  secure  the  appointment  of 
a  joint  committee  of  which  each  were  to  be  made  chairman, 
with  hostile  designs  against  the  bank.  The  following  reply 
by  Mr.  Memminger,  is  taken  from  the  Charleston  Mercury  of 
March  8,  1850. 

To  the  People  of  South  Carolina: 

I  had  supposed  that  I  was  near  the  land  in  the  sea  of  charges  on 
which  I  have  been  launched  by  the  president  of  the  bank.  I  had 
reached  the  year  1846,  and  expected  to  dispose  of  that  period  in  the 
present  number.  But  the  last  number  of  the  president  of  the  bank  car 
ries  us  back  to  the  year  1833,  and  renews  one  of  his  charges  of  that  year 
in  a  new  form.  The  charge,  as  originally  made,  was,  that  Mr.  Bennett 
and  myself,  between  whom  the  most  confidential  relations  subsisted, 
and  who  were  occupying  the  most  responsible  positions  on  the  floor  of 
each  House,  had  taken  advantage  of  that  position,  and  by  concerted  ac* 
tion  had  contrived  the  appointment  of  a  joint  committee,  of  which  each 
was  to  be  chairman,  with  a  hostile  design  against  the  Bank  of  the 
State. 

The  whole  force  of  the  charge  lay  in  the  allegation  of  concert  and 
conspiracy.  This  I  proved  to  be  utterly  without  foundation,  by  ex 
hibiting  the  original  proceedings  as  certified  by  the  clerks  of  the  Senate 
and  House,  which  showed  that  these  proceedings  originated  with  others, 
and  that  neither  of  us  had  anything  to  do  with  them. 

Having  thus  refuted  the  charge  made,  I  should  have  rested  there," 
But  I  went  on  to  affirm  that  I  had  never  made  a  motion  for  the  appoint 
ment  of  such  a  committee,  and  that  I  was  incapable  of  so  gross  an  indeli 
cacy.  The  president  of  the  bank  having  procured  information  that 
this  assertion  was  "  inaccurate,"  abandons  his  original  charge  of  com-' 


THE  LAWYER.  161 

bination  and  presents  a  new  one,  charging  me  with  having  separately 
offered  such  a  resolution,  as  that  which  I  have  censured  as  a  gross  in 
delicacy.  In  order  to  give  him  the  full  benefit  of  what  can  be  made  of 
the  charge,  I  quote  his  own  language.  Speaking  of  me,  he  says :  "  The 
journals  show  that  he  offered  the  resolution,  and  the  resolution,  in  his 
own  hand-writing,  is  conclusive  of  the  fact.  Even  in  the  extremity  (he 
continues)  of  an  utterly  desperate  case  like  this,  he  cannot  fly  to  the 
miserable  and  quibbling  subterfuge  that  his  appointment  was  under  the 
Senate  resolution,  for  by  offering  his  two  days  before,  parliamentary 
usage  would  cause  his  appointment  as  chairman.  His  only  escape  was 
in  denying  the  fact.  That  he  offered  such  a  resolution,  and  that  fact 
he  did  deny,  but  the  records  settle  it  conclusively  against  him.  Where 
will  he  fly  to  now  ?  " 

Answer. — Truth  and  integrity  never  fly.  They  stand  fast  together 
and  sustain  each  other.  When  I  asserted  that  1  had  never  made  the 
motion,  I  did  so  upon  the  highest  proof  which  could  be  procured.  I  did 
not  venture  to  rely  upon  memory,  but  applied  to  the  officers  who  had 
the  keeping  of  the  journals  of  both  Houses  for  all  the  information  which 
they  could  furnish.  Their  certificates  I  have  published.  I  also  wrote 
to  the  then  Speaker  of  the  House  (now  Judge  Wardlaw),  and  have 
since  received  his  reply,  in  which  he  says :  k<  You  had  no  agency  in  pro 
curing  the  appointment  which,  as  Speaker,  I  made  of  you,  to  be  chair 
man  of  the  Committee  of  Ways  and  Means,  beyond  such  agency  as  is  in 
volved  in  the  opinion  which,  from  previous  acquaintance  with  you,  I  had 
formed  of  your  fitness  for  the  place,  etc.  Nor  had  you  any  more  direct 
agency  in  your  being  appointed  upon  the  committee  to  investigate  the 
bank."  I  had  not  intended  to  publish  Judge  Wardlaw's  letter,  but  this 
new  matter  makes  it  proper  to  do  so.  I  therefore  subjoin  a  copy  of  it. 

The  concurrence  of  all  these  witnesses  proves  the  sincerity  with 
which  I  affirmed  that  I  made  no  such  motion. 

But  it  seems,  however,  that  we  are  all  mistaken,  and  that  such  a  mo 
tion  was  made  by  me.  I  have  not  the  least  recollection  of  it,  but  if  it 
be  so,  I  do  not  hesitate  to  pass  the  same  censure  upon  it  which  I  pro 
nounced  before  I  knew  I  had  any  connection  with  it.  I  consider  it  an 
indelicacy  which  I  should  certainly  not  commit  now;  and  I  am  glad 
that  the  lapse  of  twelve  years  since  it  occurred  has  so  far  improved  my 
perception  as  to  enable  me  to  condemn  and  avoid  the  error  into  which  I 
fell  in  1838. 

2.  We  are  next  carried  back,  by  the  president  of  the  bank,  to  the  his 
tory  of  my  bill  to  reduce  the  public  debt  in  1841.  As  I  understood  his 
original  charge,  it  was  that  he  Jiad  been  excluded  a  hearing  before  the 
committee,  lest  perchance  he  might  expose  the  insidious  design  of  the 
bill.  Now  we  are  told  that  he  was  absent  from  Columbia  when  the  bill 
was  before  the  committee,  but  that  as  soon  as  he  returned,  upon  express- 


162  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEE. 

ing  his  complaint  that  he  had  received  no  notice  of  it,  he  says:  "  On  the 
next  day  Mr.  Memminger  assembled  his  committee,  and  I  was  called 
before  it,  when  I  was  informed  that  I  was  at  liberty  to  state  my  views 
on  the  bill."  After  some  objection  made  on  his  part,  he  goes  on  to  say : 
"The  chairman  said  the  committee  desired,  as  I  was  present,  to  hear 
my  views,  that  they  might  affect  the  course  of  its  members  in  the 
House,  or  they  could  get  the  bill  re-committed,  if  my  views  convinced 
them  the  bill  ought  not  to  pass.  I  then  gave  my  views,  and  exposed 
the  ruinous  operation  of  the  measures  it  proposed." 

The  president  of  the  bank  would  have  saved  us  much  trouble  if  he  had 
made  this  statement  at  the  first,  instead  of  charging,  as  he  did,  "  that 
this  measure  taken  up  in  the  Committee  of  Ways  and  Means,  decided  on 
and  reported  to  the  House  without  calling  the  president  of  the  bank 
before  the  committee,  or  giving  him  an  opportunity  of  explaining  its 
effects  on  the  bank.  And  that  this  was  omitted,  although  it  had  been 
made,  ever  since  1823,  the  duty  of  the  president  of  the  bank  to  attend 
the  session  of  the  Legislature,  for  the  purpose  of  giving  information 
regarding  the  bank." 

Although  upon  a  critical  analysis  of  the  language,  it  may  be  made 
out  that  the  original  charge  merely  affirms  that  he  was  not  heard  by 
the  committee  before  they  reported,  while  the  new  statement  admits 
that  he  was  heard  after  they  reported;  yet  to  every  reader  the  idea 
was  conveyed  that  he  had  not  been  heard  at  all ;  no  one  could  imagine 
that  the  time  only  was  in  issue  and  not  the  thing.  This  difference 
exhibits  most  strikingly  another  of  those  concealed  back  doors,  with 
which  the  bank  abounds.  But  even  the  difference,  thin  as  it  is,  has 
been  removed  by  the  other  admission  of  the  president  of  the  bank,  viz. : 
that  the  chairman  said  that  the  committee  would  have  "  the  bill  recom 
mitted  if  the  views  of  the  president  of  the  bank  convinced  them  that  the 
bill  ought  not  to  pass." 

What  the  effect  of  his  views  was  can  only  be  inferred  from  the  fact, 
that  no  one  proposed  to  recommit  the  bill,  although  some  of  the  ablest 
friends  of  the  bank,  and  two  of  its  then  leaders  in  the  House  were  on 
the  committee.1 

3.  At  this  point,  however,  I  am  met  by  a  renewal  of  the  allegation 
that  the  bill  was  dropped  on  account  of  the  exposure  which  it  thus  un 
derwent,  and  that  as  it  was  not  discussed  before  the  House  proves  that 
the  original  design  was  a  surprise  upon  the  House. 

Answer :  I  have  no  doubt  that  the  public  are  somewhat  surprised  with 
the  prominence  which  the  president  of  the  bank  has  given  to  a  bill  of 

1  Much  complaint  was  made  of  the  facility  of  this  committee.  The  best  answers  to  it 
is  in  the  character  of  its  members.  The  following  is  a  list  of  their  names  :  C.  G.  Memminger, 
F.  W.  Davie,  A.  IT.  Bclin,  S.  M.  Earle,  L.J.Patterson,  Albert  Rhctt,  E.G.  Palmer,  Joel 
Smith,  A.  T.  Darby,  and  Henry  Gourdin. 


THE  LAWYER  163 

which  few  of  the  people  have  ever  heard.  But  he  is  right.  The  various 
facts  and  statements  made  by  him,  and  a  reference  to  the  journals, 
have  refreshed  my  memory,  and  enables  me  to  speak  of  details,  which 
are  now  brought  to  my  recollection.  This  bill,  although  never  passed 
or  even  discussed  before  the  House,  produced  most  important  results, 
and  saved  the  State  from  being  absolutely  infolded  in  the  coils  of  this 
bank,  as  I  shall  proceed  to  show. 

By  referring  to  the  journals  of  1841  it  will  be  seen  that  a  member 
from  Richland,  a  friend  of  the  bank,  introduced  a  bill  to  remove  the 
Bank  of  the  State  from  Charleston  to  Columbia,  and  to  establish  a 
branch  at  Charleston ;  that  petitions  had  come  up  to  establish  branches 
at  Aiken  and  Hamburg.  A  leading  member  of  the  House,  a  friend  of 
the  bank,  offered,  at  the  same  session,  the  following  resolution: 

Whereas,  the  Bank  of  the  State  of  South  Carolina  was  established  for 
the  benefit  of  the  whole  State,  and  the  city  of  Charleston  has  had  its 
full  share  of  the  benefits  of  the  fire  loan,  and  a  surplus  of  the  same  re 
mains  on  hand;  and  whereas,  from  the  petitions  of  the  towns  of  Aiken 
and  Hamburg,  it  is  evident  that  a  portion  of  the  funds  of  the  bank 
might  be  usefully  employed  in  establishing  agencies  in  those  places;  bo 
it,  therefore, 

Resolved,  That  the  balance  of  the  fire-loan  bonds  remaining  unsold 
in  the  Bank  of  the  State,  be  considered,  according  to  the  third  section 
of  the  fire-loan  act,  a  portion  of  the  capital  of  the  Bank  of  the  State  of 
South  Carolina,  and  that  the  president  and  directors  of  the  said  bank 
be  authorized,  whensoever  they  may  deem  it  expedient,  to  establish  agen 
cies  at  Aiken  and  Hamburg,  or  to  increase  the  capital  of  its  branches  at 
Columbia  and  Camden. 

It  must  also  be  borne  in  mind  that  at  this  time  the  State  was  in  the 
midst  of  her  contest  with  the  private  banks  in  relation  to  the  suspen 
sion  of  specie  payments,  and  the  scire  facias  to  vacate  their  charters  was 
then  pending  before  the  courts.  Tlie  excitement  against  the  private 
banks  was  at  its  height,  and  the  Bank  of  the  State  had  now  the  oppor 
tunity,  which  many  of  its  friends  desired,  of  making  itself  a  great  cen 
tral  money  power,  with  branches  extended  over  the  State,  and  these 
various  propositions  were  merely  various  developments  of  this  scheme. 
My  position  at  the  head  of  the  Committee  of  "Ways  and  Means  was  a  most 
diuicult  one.  I  had  felt  it  my  duty  to  condemn  the  suspension  of  specie 
payments,  and  to  advise  the  Legislature  to  issue  legal  proceedings 
against  those  banks  who  would  not  come  to  terms.  On  the  other  hand, 
I  disapproved  still  more  the  measures  proposed  for  extending  the  power 
of  the  Bank  of  the  State,  and  it  was  obvious  that  unless  prompt  and 
decided  measures  were  taken,  the  excitement  of  the  hour  would  fasten 
upon  us  a  policy  from  which  we  could  never  be  disentangled.  Public 
debt  was  to  be  its  ailment.  I,  therefore,  determined  to  strike  at  the  root 


164  LIFE  AND  TIMES  OF  C.  G.  MEMM3NGER. 

of  the  evil,  by  taking  away  the  borrowed  money  with  which  the  bank 
project  could  alone  be  effected.  The  fire-loan  bonds,  then  in  the  hands 
of  the  bank,  were  the  primary  object,  and  I  appealed  to  the  just  public 
sentiment  which  had  grown  up,  by  proposing  to  reduce  the  public  debt. 

The  result  showed  that  I  judged  aright.  The  public  opinion  re 
sponded  to  my  bill— it  check-mated  all  the  propositions  to  increase  the 
power  of  the  bank.  But  it  came  in  too  late  in  the  session  to  stand  any 
chance  of  being  passed,  except  it  were  pressed  with  the  greatest  energy. 
It  was,  therefore,  reported  as  speedily  as  possible  by  the  committee,  and 
by  a  vote  of  the  House,  made  the  special  order  for  Friday,  the  ICth  of 
December.  Friday  was  occupied  in  voting  upon  amendments  of  the 
Constitution,  which  much  engaged  attention  then,  and  it  could  not  be 
reached.  It  fell  back  into  the  general  orders,  and  as  the  Legislature 
had  only  a  week  more  to  sit,  it  was  impossible  to  pass  it  in  the  form  of  a 
bill.  I,  therefore,  put  its  leading  proposition,  namely,  the  rescue  of  the 
fire-loan  bonds,  in  the  simpler  and  more  speedy  form  of  a  resolution. 
This  underwent  an  angry  and  boisterous  discussion ;  but  even  in  this 
simple  form,  I  could  not  get  a  vote  until  the  day  before  the  adjourn 
ment,  and  that  vote  was  not  direct,  but  a  side-wind  to  lay  the  resolu 
tion  on  the  table. 

One  great  point,  however,  was  gained— the  country  was  awakened. 
The  discussion  had  set  the  matter  before  the  people.  Public  opinion 
was  enlightened ;  the  bank  itself,  in  two  years  more,  was  made  to  give 
up  what  was  left  of  the  pay,  and  the  State  was  rescued  from  the  toils  of 
a  great  moneyed  combination.  Eescued?  No,  not  yet.  The  managers 
are  again  collecting  all  their  strength  for  another  struggle,  and  it  ro- 
mains  for  the  people  at  the  next  election  to  say  whether  the  State  shall 
yet  again  be  free.  Certain  it  is  that  at  present  no  one  can  say  a  word 
against  this  bank,  even  though  it  be  said  at  the  command  of  the  Legis 
lature  and  in  the  discharge  of  public  duty,  but  it  is  on  peril  of  such  per 
secution  as  most  men  would  seek  to  avoid. 

4.  I  have  now  reached  the  point  at  which  I  had  intended  to  commence 
this  number,  but  having  occupied  space  enough  for  one  morning  in  dis 
posing  of  this  episode,  I  will  defer  what  I  had  to  say  for  another  number. 
Eespectfully, 

C.  G.  MEMMINGER. 

JUDGE  WAEDLAW'S  LETTER. 

ABBEVILLE,  25th  February,  1850. 

My  Dear  Sir,— I  am  very  loth  to  connect  my  name  with  a  public  con 
troversy;  but  as  you  think  that  my  testimony  is  important  for  your 
defense  against  unjust  imputations,  I  will  give  it  to  you;  and,  in  doing 
so,  will  depart  from  the  course  of  silence  concerning  my  own  conduct, 
which  I  had  resolved  upon. 


THE  LAWYER.  165 

My  remembrance  of  the  events  of  1838  is  not  exact,  and  I  have  not 
now  access  to  papers  that  might  refresh  it.  In  answer  to  your  questions  I 
can,  however,  speak  as  follows: 

1.  You  had  no  agency  in  procuring  the  appointment  which,  as  Speaker, 
I  made  of  you  to  be  chairman  of  the  Committee  of  Ways  and  Means, 
beyond  such  agency  as  is  involved  in  the  opinion  from  previous  acquaint 
ances  with  you  I  had  formed  of  your  fitness  for  the  place.  The  partic 
ular  reasons  why,  in  considering  what  was  best  for  the  public  interest, 
with  due  regard  to  the  rights  of  individuals,  I  determined  to  put  you  at 
the  head  of  this  committee,  and  another  gentleman,  now  deceased,  at 
the  head  of  the  Military  Committee,  it  is  impossible  for  me  to  recollect. 
I  am  sure  that  no  feeling  of  unfriendliness  towards  that  gentleman,  or 
towards  the  Bank  of  the  State,  or  any  of  its  officers,  had  any  influence 
in  the  matter. 

2  and  3.  Nor  had  you  any  more  direct  agency  in  your  being  appointed 
upon  the  committee  to  investigate  the  bank.  I  have  no  distinct  remem 
brance  that  after  your  appointment  on  this  committee  you  brought  to 
my  notice  the  circumstance  that  you  were  a  director  in  another  bank, 
and  that  my  reply  was :  "  That  circumstance  is  rather  in  favor  of  than 
against  the  appointment."  Yet  this  matter  does  not  strike  me  as  new, 
and  I  recall  something  either  of  the  original  occurrence  or  of  subse 
quent  conversations  about  it.  I  am  satisfied  that  I  knew  you  were  a 
director  of  the  Planters'  and  Mechanics'  Bank;  and  I  think  it  not  at  all 
unlikely  that  I  made  the  reply  which  has  been  mentioned,  for  it  is  con 
sistent  with  the  opinions  I  entertained.  I  believed  that  the  bank  was, 
in  the  main,  well  managed,  and  that  its  interest  would  be  promoted  by 
searching  investigation.  I  felt  that  any  mismanagement  ought  to  be 
detected  and  exposed.  I  believed,  too,  that  the  considerations  which 
demanded  publicitj7  to  be  given  to  the  pecuniary  transactions  of  the 
State  were  superior  to,  if  in  conflict  with  those  which  were  said  to  re 
quire  secrecy  with  regard  to  the  business  of  banking,  in  which  the  State 
was  engaged,  and  that  the  best  committee-man  for  investigation  was 
one  who  was  predisposed  to  blame  rather  than  commend;  but  intelli 
gent,  temperate,  and  fair  enough  to  perceive  and  acknowledge  the  truth. 
Your  prominence  in  the  House,  thorough  acquaintance  with  the  finan 
cial  affairs  of  the  State,  proximity  to  the  principal  bank,  business  habits, 
clear-headedness,  and  candor,  induced  my  selection  of  you.  The  expe 
rience  in  banking  accounts  and  transactions,  which,  as  director  of  an 
other  bank,  you  might  be  supposed  to  have  acquired,  I  thought  increased 
your  qualifications.  To  any  suggestions  of  unfair  practices  which  ad 
verse  interest  might  lead  to,  my  opinion  of  your  integrity  would,  in  your 
case,  have  given  no  heed;  but  in  the  case  of  any  known  enemy  of  the 
bank,  according  to  my  opinion,  there  was  but  little  ground  for  appre 
hending  harm  to  come  to  the  bank  in  the  proper  course  of  its  operations 
from  his  investigations.  And  the  objections  on  this  score  seemed  to  me 


166  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEH. 

no  greater  against  a  director  than  against  a  stockholder  of  another  bank, 
or  even  any  person  connected  with  another  institution  in  any  of  the  va 
rious  ways  that  might  induce  a  preference  of  its  interests  to  those  of  this 
bank ;  and  no  greater  against  a  director  of  another  bank  examining  this, 
than  against  a  director  of  this  being  transferred  to  another  bank. 

4.  Concerning  the  bill  to  authorize  a  subscription  in  behalf  of  the 
State  to  the  Southwestern  Railroad  Bank,  I  remember  no  conversation 
between  you  and  myself,  but  I  recollect  the  following  particulars: 

A  great  effort  was  necessary,  and  was  made  to  induce  a  majority  of 
the  House  to  confirm  the  subscription  which  Governor  Butler  had  made. 
After  the  assent  of  the  House  to  the  main  proposition  had  been  obtained, 
an  attempt  was  made  to  add  to  the  clause,  which  required  the  bank  to 
pay  the  instalments  of  the*  subscription,  a  proviso  that  if  the  president 
and  directors  of  the  bank  should  be  of  opinion  that  they  could  not  pay 
without  embarrassment  to  the  operations  of  the  bank,  or,  without  in 
volving  the  faith  of  the  State  pledged  for  redemption  of  State  stocks  by 
the  act  of  1821,  and  subsequent  acts,  then  the  Comptroller-General 
should  issue  stocks  to  pay  the  instalments  of  the  subscription.  The  pro 
viso  was  rejected  in  the  House,  and  the  bill  passed  a  second  reading,  I 
voting  for  it  on  the  call  of  the  ayes  and  noes.  The  bill  was  returned 
from  the  Senate  with  the  proviso  in  it;  and  thus  altered,  it  passed  a 
third  reading  in  the  House.  As  the  ayes  and  noes  were  not  then  called, 
and  no  opportunity  had  been  afforded  to  me  of  making  known  the 
change  which  the  insertion  of  the  proviso  had  produced  in  my  disposi 
tion  towards  the  bill,  after  I  had  announced  that  the  bill  was  again  or 
dered  to  the  Senate,  I  said,  by  leave  of  the  House,  that  I  felt  it  due  to 
myself,  to  prevent  misconstructions  of  my  opinion,  by  declaring  that, 
if  the  ayes  and  noes  had  been  called  on  the  bill  as  amended,  I  would 
have  voted  against  it. 

I  had  then  a  decided  opinion  that  it  was  better  for  the  State  to  make 
no  subscription— even  to  let  the  establishment  of  the  Southwestern  Rail 
road  Bank  fail— than  to  borrow  money  for  banking.  To  the  substance 
of  the  alternative  measure,  authorized  by  the  proviso,  I  was  then 
strongly  opposed,  and  the  form,  too,  seemed  to  me  objectionable. 
Besides  that,  a  result  was  attained  which  had  not  been  contemplated  by 
the  especial  friends  of  the  bill;  the  proviso,  I  thought,  exhibited  a 
studied  array  of  pledges  that  might  embarrass  the  State  in  future  deal 
ings  with  its  funds;  and,  moreover,  erected  the  president  and  directors 
of  the  bank  into  a  tribunal  to  decide  what  the  faith  of  the  State  required. 
It  was  said  in  debate  that  the  proviso  was  only  a  measure  of  extreme 
caution,  intended  to  guard  against  unforeseen  contingencies,  but  I 
thought  that  I  had  seen,  in  the  course  of  the  transaction,  evidences  that 
it  would  be  made  available  if  it  passed. 

With  great  respect,  yours  truly, 

D.  L.  "\VAHDLAW. 
C.  G.  Afemminger,  Esq. 


THE  LA  WYER.  167 

[For  The  Mercury.] 

Messrs.  Editors, — In  your  paper  of  yesterday  Colonel  Elmore  alludes 
to  a  certificate  which  I  had  furnished  Mr.  Memminger,  respecting  the 
appointment  of  the  committees  of  examination  for  the  Bank  of  the  State 
of  South  Carolina  and  its  branches  in  1838,  and  my  remarks  which  accom 
panied  the  certificate. 

It  is  proper  to  state  that  Mr.  Memminger  applied  to  me  to  know  how 
the  committees  were  appointed  at  the  annual  session  of  1838  and  if  he 
had  had  any  agency  in  the  appointment.  "When  he  wrote  I  had  only  the 
rough  journal  of  that  year  before  me,  without  an  index,  and  finding  that 
the  appointment  was  made  on  a  concurrence  by  the  House  with  a  mes 
sage  from  the  Senate,  it  did  not  occur  to  me  to  look  further,  nor  had  I 
any  recollection  that  a  resolution  was  also  introduced  for  that  purpose. 
I  did  not  speak  from  memorj7,  but  from  that  portion  of  the  proceedings 
then  before  me,  and  in  that  I  was  correct.  It  is  no  cloubc  true,  as  Col. 
Elmore  states,  that  Mr.  Memminger  before  submitted  a  resolution  on 
the  subject,  but  the  action  of  the  House  on  the  message  from  the  Senate 
superseded  the  necessity  of  considering  Mr.  Memminger's  resolution, 
and  the  appointment  of  the  committees  was  certainly  not  made  on  that 
resolution,  nor,  as  far  as  I  know,  by  the  agency  of  Mr.  Memminger.  How 
far  the  fact  that  he  had  submitted  such  a  resolution  influenced  the 
Speaker  in  the  appointment  of  the  committees  I  have  no  means  of  know 
ing.  Very  respectfully, 

March  6th,  1850.  T.  "W.  GLOVER. 

The  following  is  the  summing  up  of  the  whole  matter, 
and  presents  clearly  the  reasons  why  he  opposed  with  such 
earnestness  the  re-chartering  of  the  bank. 


To  the  People  of  St.  Philip's  and  St.  Michael's  Parishes: 

FELLOW-CITIZENS, — I  propose  now  to  sum  up  the  various  matters 
which  I  have  submitted  to  your  consideration. 

I  have  endeavored  to  satisfy  your  judgments  that  the  Bank  of  the 
State  ought  not  to  be  re-chartered,  for  the  following  reasons: 

1.  Because  it  is  an  institution  not  consistent  with  the  character  of 
popular    governments — inasmuch  as  it  is  so  complex  in  its  machinery 
and  relations  that  few  can  spare  the  time  and  attention  necessary  to 
understand  them. 

2.  Because  it  is  unconstitutional,  and  can  only  be  judiciously  sus 
tained  by  the  same  evasion  of  the  Constitution  of  the  United  States  by 
which  a  protective  tariff  is  sustained. 

3.  Because  its  charter  violates  the  spirit  of  our  State  Constitution, 
in  the  following  particulars: 


16R  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

I.  In  that  it  confers  on  a  body  of  thirteen  men,  sitting  in  secret,  and 
bound  to  each  other  by  an  oath  of  secrecy,  the  power  to  appropriate,  at 
pleasure,  the  public  money ;  when,  by  the  Constitution  of  the  State,  no 
such  appropriation  can  be  made  but  by  an  act  of  the  Legislature,  which 
must  first  be  read  three   times  in  the  Senate  and  three  times  in  the 
House   of  Representatives,    on   three   successive  days,  before   it  can 
become  a  law;  and,  as  a  further  security,  the  Constitution  requires  each 
House  to  keep  a  journal  of  its  proceedings  and  to  record  the  yeas  and 
nays  for  public  information ;  while  the  proceedings  of  the  bank  are  per 
formed  secretly  and  studiously  concealed  from  the  public  eye. 

II.  The  State  Constitution  gives  to  the  Legislature  alone  the  power 
to  tax  the  people,  and  guards  this  power  with  so  much  jealousy  as  not 
even  to  permit  the  Senate  to  originate  a  tax  bill,  whereas  the  bank 
directors  have  power  at  any  moment,  by  a  mere  order  issued  in  secret, 
to  tax  the  people  to  the  extent  of  millions  by  contracting  debts  or  issu 
ing  notes,  which  the  people  are  bound  to  pay. 

III.  Because  the  State   Constitution  require   the  treasurers  of  the 
people's  treasury  to  go   out  of  office  every  four  years  so    that  their 
accounts  may  be  passed  upon  by  successors,  whereas  the  bank  officers, 
who  hold  ten  times  as  much  of  the  public  money,  and  have  in  their 
hands  all  the  treasury  of  the  State,  continue  in  office  for  a  life-time. 

IV.  Because  the  State  Constitution  confines  the  legislative  authority 
of  South  Carolina  to  the  General  Assembly  alone,  whereas  the  board 
of  bank  directors,  sitting  in  secret,  have  undertaken  to  exercise  many 
of  the  most  responsible  functions  of  the  Legislature ;  such  as  subscrib 
ing  to  and  patronizing  railroad  companies,  banks,  and  manufacturing 
corporations,  without  any  public  discussion  and  without  its  even  being 
known  to  the  public  by  whom,  or  for  what  reasons  these  acts  of  the 
bank  legislature  have  been  passed. 

4.  Because  this  State  has,  with  an  almost  unanimous  voice,  repeatedly 
condemned  the  connection  of  bank  and  State  as  unwise  and  inexpedi 
ent,  and  as  involving  the  public  revenues  in  all  the  casualties  of  bank 
ing;  and  because  the  extension  of  this  system   to   the   borrowing  of 
money  upon  the  public  faith,  to  lend  out  to  individuals  by  bank  accom 
modation — as  has  been  done  for  this  bank— is  fraught  with  still  more 
disastrous  consequences  to  the  public. 

5.  Because   the  tendency  of  such  a  bank  is  to  mislead  and  swerve 
from  their  duty,   not  only  its  own    officers,  but  the   public  authorities 
themselves,  by  the  influence  it  exerts  over  them;  and  if  the  president 
of  the  bank  be  a  politician,  it  gives  a  master  to  the  State. 

6.  Because  the  experience  of  the  Bank  of  the  United  States,  of  the 
Alabama  and  other  State  banks  has  proved  all  banking  institutions 
which  are  connected  with  governments  to  be  uniformly  injurious  to  the 
public  interests. 


THE  LA  WYER.  169 

7.  Because  the  history  of  our  own  bank  is  fraught  with  similar  les 
sons.    It  has,  on  every  occasion  in  which  its  interests  or  wishes  are  con 
cerned,  from  the  fire  loan  down  to  the  present  time,  swerved  the  State 
from  her  true  policy,  plunged  her  into  debt,  and  involved  her  in  compli 
cated  and  embarrassing  transactions,  with  which  she  would  otherwise 
have  had  no  connection. 

8.  Because  the  power  exercised  by  the  bank  directors  to  issue  bills 
and  other  obligations,  which  the  people  are  pledged  to  redeem,  and  the 
distribution  of  the  money  thus  raised  among  the  bank  directors  and 
their  friends,  is  a  partial  system  of  favoritism  in  which  each  citizen  of  the 
State  is  virtually  converted  into  an  indorser  of  the  notes  of  a  favored 
few,  whether  the  citizen  will  or  no. 

These  reasons  having  clearly  established  that  the  bank  ought  not  to 
be  re-chartered,  I  then  proceeded  to  examine  the  objections  urged  by 
the  friends  of  the  bank  against  any  interference  with  it. 

I.  First  objection :  The  chief  of  these  was,  that  the  pledge  of  the 
funds  of  the  State  and  of  the  profits  of  the  bank  to  the  foreign  creditor 
under  the  fire-loan  act,  stood  in  our  way. 

To  this,  it  was  answered,  that  we  did  not  propose  to  remove  any  of 
the  funds  of  the  State  from  the  obligation  imposed  upon  them.  They 
were  to  be  preserved  for  the  foreign  creditor  until  his  debt  should  be 
paid.  Whether  the  funds  were  in  the  hands  of  a  bank,  or  any  other 
agent,  they  were  equally  the  funds  of  the  State  and  equally  secured  to 
the  foreign  creditor  his  debt. 

II.  It  was  answered,  that  a  pledge  of  the  funds  of  the  State  did  not 
prevent  a  change  of  investment  any  more  than  when  trust  funds  are  in 
vested  for  a  private  trust;  otherwise,  all  the  substitutions  of  railroad 
stocks  in  the  upper  country,  which  the  State  had  lately  made  for  its 
South  Carolina  railroad  bonds  and  stock,  were  unlawful. 

III.  It  was  answered,  that  as  to  the  bank  itself  the  creditor  when  he 
loaned  his  money,  had  before  him  the  bank  charter,  which  on  its  face 
declared  that  the  charter  would  expire  in  1856;  and  he  had,  therefore, 
no  right  to  count  on  its  existence  beyond  that  time. 

IV.  It  was  answered,  that  so  far  as  the  profits  were  concerned,  the 
creditor  would  be  benefited  by  discontinuing  the  bank,  inasmuch  as  the 
returns  of  the  bank  itself  showed  that  during  the  last  ten   years  the 
average  profit  on  the  capital  was  less  than  six  per  cent,  per  annum; 
whereas  the  money  loaned  out  without  any  banking  risk  would  bring 
seven  per  cent. 

Second  objection :  That  this  was  a  bank  for  the  accommodation  of 
planters ;  and  to  destroy  it  would  be  injurious  to  the  agricultural  com 
munity.  This  objection  was  answered  by  showing  that  the  officers  and 
directors  of  the  bank  itself  had  among  them  $1,091,118— which  left  of  the 
actual  capital  of  the  bank  only  $31,344  for  all  the  rest  of  the  State. 


170  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

That  so  far  as  the  borrowed  capital  was  concerned,  $727,000  of  it  was 
loaned  in  Charleston  under  the  fire  loan ;  and  that  of  the  other  money 
in  the  bank,  thirty  individuals  had  out  upwards  of  $700,000;  that  in 
Charleston,  Columbia  and  Camden  alone,  near  two  millions  were  loaned ; 
so  that  the  planters  in  the  State  at  large  would  find  no  greater  relative 
surplus  for  their  accommodation  from  the  borrowed  than  from  the  real 
capital.  That  in  fact  the  bank  was  administered  for  the  benefit  of  the 
directors  and  a  few  favorites,  and  not  for  the  planters. 

The  argument  having  been  advanced  to  this  point,  and  the  objections 
answered,  it  followed,  as  a  matter  of  course,  that  the  bank's  charter 
ought  not  to  be  renewed ;  and  this  brought  up  the  inquiry,  "When  should 
we  commence  measures  of  preparation  ? 

I  maintained  that  it  was  necessary  to  begin  now — 

1.  Because  in  a  small  community  like  ours,  it  would  necessarily  take 
many  years  to  call  in  so  large  an  amount  of  money  as  is  employed  by 
this  bank;  and,  if  we  did  not  begin  before  the  end  of  the  charter,  a  re 
newal  of  it  would  be  forced  upon  us  by  necessity. 

2.  Because  the  sooner  we  begin  the  more  time  could  we  take  for  dis 
tributing  the  payments  to  be  made  by  the  debtors. 

3.  Because  the  country  is  now  in  so  excellent  a  financial  condition 
that  no  danger  was  to  be  apprehended  from  commencing  the  change  now. 

4.  Because  the  analogies  of  private  business  established  the  wisdom 
and  prudence  of  changing  the  mode  of  conducting  any  large  concern 
when  a  period  was  fixed  upon  for  its  termination. 

Objection  :  At  this  point  it  was  objected  that  our  relation*  with  the 
general  government  rendered  it  unwise  to  interfere  with  the  bank,  or  to 
divide  the  State  into  parties. 

Reply:  To  this  we  replied  that,  extended  as  this  bank  always  has 
been — with  its  assets  beyond  its  control — in  times  of  panic  or  difficulty, 
it  never  could  assist  the  State.  It  wrould  be  a  source  of  weakness,  in 
stead  of  strength,  and  would  be  more  likely  to  need  help  from  the  State 
to  sustain  itself  rather  than  to  afford  any  to  the  State  ;  and,  so  far  as 
any  measures  of  protection  for  such  a  crisis  were  to  be  taken,  the  best 
that  could  be  advised  were  to  call  in  the  assets  of  the  bank,  and  place  them 
in  an  available  form,  instead  of  leaving  them  at  large,  as  they  now  are. 

It  was  further  replied,  that  whatever  division  existed  in  the  State  was 
the  act  of  the  bank  and  its  friends.  They  had  attempted  to  get  a  re- 
charter  eight  years  in  advance,  and  when  the  State  authorities  had 
decided  against  their  charter,  instead  of  conforming  themselves  to  that 
decision,  they  had  set  every  engine  at  work,  at  home  and  abroad,  to  coun 
teract  the  decision  of  these  authorities ;  and  that  the  whole  division, 
therefore,  was  of  their  own  instigation. 

Having  thus  established  that  a  change  was  proper,  and  that  now  is 
the  time  for  commencing  it,  it  remained  to  inquire,  What  should  this 
change  be? 


THE  LA  WYEH.  171 

The  plan  which  we  proposed  embraced  four  leading  features,  set 
forth  in  a  bill,  and  the  fifth  embraced  in  a  resolution ;  all  of  which  were 
before  the  Legislature  at  the  last  session. 

1.  The  board  of  directors  was  reduced  to  a  president  and  four  direc 
tors,  with  a  salary  of  $1,000  to  each  director,  and  no  privilege  to  borrow; 
agencies  were  substituted  for  the  branches,  and  officers  and  expenses 
reduced. 

2.  The  chartered  powers  and  privileges  of  the  bank  were  continued, 
in  all  respects,  except  that  no  new  loans  of  money  were  to  be  made. 

3.  The  business  paper  and  bills  of  exchange,  and  the  convertible 
property  of  the  bank  were  to  be  applied  to  meet  its  engagements,  and 
on  all  other  paper  an  extension  of  time,  not  exceeding  ten  years,  is 
given  to  all  debtors  who  would  give  unexceptionable  security  to  pay 
an  annual  interest  of  seven  percent,  on  the  whole  debt,  and  at  least  one- 
tenth  of  the  principal. 

4.  All  surplus  collections  were  to  be  applied  to  pay  the  foreign  debt 
of  the  State. 

5.  To  these  was  added  a  proposition  to  employ  an  agent  to  treat  with 
the  foreign  creditor  and  see  upon  what  terms  his  debt  could  be  transfer 
red  home. 

These  various  details  were  shown  to  be  reasonable  and  proper,  and, 
in  the  expectation  that  the  bank  would  obey  the  solemn  determination 
of  the  Legislature,  they  were  supposed  to  be  such  as  would  be  accepta 
ble  to  the  bank  itself. 

But,  instead  of  that,  the  plan  was  met  with  open  war,  and  instead  of 
the  assault  being  made  upon  its  reasonableness  or  expediency,  the  cam 
paign  was  transferred  back  to  the  old  ground,  and  the  friends  of  the 
bank  recurred  to  the  question  of  re-charter  and  renewed  the  argument 
on  that  score. 

I  did  not  think  it  necessary  again  to  refute  their  arguments,  but 
merely  to  take  up  the  new  matter  which  was  brought  forward  since  the 
decision  against  the  re-charter  in  1848. 

This  new  matter  classed  itself  under  two  heads — 

1.  The  facts  reported  by  the  investigating  committees  appointed  in 
1848,  and— 

2.  An  appeal  made  to  the  Governor  by  Messrs.  Baring,  Brothers  & 
Co.,  claiming  a  renewal  of  the  charter  as  a  matter  of  right. 

1.  As  to  the  investigating  committees,  I  showed  that,  so  far  from  their 
helping  the  bank,  they  had  proved  all  the  substantial  charges  made 
against  it. 

I.  They  stated  that  the  money  of  the  bank  was  most  unequally  dis 
tributed,  and  that  four  districts  in  the  State  had  out  two  millions  of  dol 
lars  ;  that  the  funds  had  been  monopolized  by  a  few  individuals,  and 
chiefly  by  the  officers  and  directors. 


172  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

II.  That  not  a  single  bond  had  been  taken  by  the  bank  according  to 
the  spirit  of  the  charter. 

III.  That  many  of  the  debts  have  continued  for  years,  without  reduc 
tion,  in  the  hands  of  the  same  individuals. 

IV.  That  the  accommodation  is  partial  in  its  character — some  being 
required  to  pay  and  other  notes  lying  over  for  years. 

V.  That  a  large  debt  due  by  the  Nesbitt  Manufacturing  Company 
has  stood  for  many  years  without  one  cent  of  principal  or  interest  paid, 
and  that  not  even  an  account  of  the  establishment  was  required  of  those 
in  whose  hands  it  was  entrusted  after  the  bank  had  gratuitously  pur 
chased  it. 

VI.  That  the  sum  of  $485,084  had  been  lost  by  bad  debts  to  the  bank, 
which,  it  otherwise  appeared,  was  chiefly  occasioned  by  the  directors 
themselves. 

2.  As  to  the  suspended  debt,  which  it  was  said  the  committees  had 
reported  favorably  upon,  it  was  answered  that  we  never  denied  that 
much  of  it  would  probably  be  collected ;  but  we  affirmed  that  experience 
had  proved  that  in  such  concerns  an  equal  amount  would  be  found 
amongst  the  debts  now  current  to  go  to  the  suspended  debt,  and  that 
the  whole  estimate  of  loss  on  this  score  made  by  us  was  not  more  than 
six  per  cent,  on  the  whole  assets  of  the  bank — a  sum  which  we  conceived 
would  certainly  be  consumed  in  expenses  and  losses. 

3.  The  next  particular  in  which  it  was  contended  the  committee  had 
exhibited  new  light  was  as  to  the  stocks  held  by  the  bank.    We  admit 
ted  that  they  showed  that  at  the  present  prices  the  losses  which  we 
expected  on  one  set  of  stocks  would  be  made  up  by  gains  on  others,  but 
we  contended  that  this  afforded  one  of  the  strongest  reasons  why  the 
bank  should  realize  on  them  at  once. 

4.  It  was  urged  by  the  friends  of  the  bank  that  the  investigating  com 
mittees  had  proved  us  to  be  in  error  in  18X8  in  charging  the  bank  with 
resorting  to  shifts  to  raise  money  by  issuing  bills  payable. 

In  reply,  we  showed  that  the  transaction  reported  upon  by  the  inves 
tigating  committee  was  a  bona  fide  sale  by  the  bank  of  northern  ex 
change  ;  whereas,  those  to  which  we  excepted  were  cases  where  the 
bank,  to  raise  specie  or  stave  oil  demands  which  they  were  not  prepared 
to  meet,  drew  bills  upon  a  bank  where  it  had  no  funds,  paying  double 
the  usual  rates  of  interest ;  and  that,  when  these  bills  became  due,  they 
renewed  them  by  again  drawing  where  they  had  no  money,  and  again 
submitting  to  a  usurious  rate  of  interest;  and  that  the  excuse  which 
was  offered  by  them  for  the  transaction  was  an  admission  of  their  weak 
ness  in  any  time  of  trial — all  which,  we  insisted,  proved  the  weakness 
either  of  the  bank  or  of  its  debtors,  and  established  the  charge  made. 

The  only  remaining  new  matter  urged  was  the  appeal  to  the  Gov 
ernor  made  by  Baring  Brothers  &  Co.,  claiming  a  right  to  have  the  bank 
re-chartered. 


THE  LA  WYES.  173 

The  appeal  was  proved  to  bo  a  contrivance  of  the  bank,  whereby 
they  had  induced  their  foreign  brokers  to  father  their  own  suggestions 
for  the  purpose  of  saving  their  charter.  It  was  made  to  appear  that  the 
Barings  never  had  the  least  idea  of  taking  the  ground  now  taken  until 
after  the  bank  had  urged  it  upon  them,  sent  them  the  materials,  and 
even  put  the  very  argument  in  their  mouths;  that  all  this  took  place 
after  the  Legislature  had  expressly  directed  the  bank  to  make  arrange 
ments  for  an  earlier  adjustment  of  these  bonds,  and  after  it  was  sol 
emnly  decided  by  the  constituted  authorities  of  the  State  that  a  con 
tinuance  of  the  bank  was  injurious  to  the  public  welfare. 

As  to  the  matter  of  the  appeal,  it  was  shown  that  there  was  no  foun 
dation  for  any  imputation  on  the  faith  of  the  State. 

1.  Because  it  was  a  mere  afterthought  to  say  that  the  bank  had 
helped  the  credit  of  the  State  in  procuring  this  loan,  inasmuch  as  the 
bank  had  suspended  specie  payments  at  the  time  it  was  contracted,  and 
had  stood  dishonored  for  upwards  of  a  year  before  on  the  London  Ex 
change;  that  the  loan  itself  was  contrived  to  help  the  bank,  and,  but 
for  the  money  over  which  it  gave  the  bank  command,  could  not  have 
resumed  specie  payments. 

2.  Because  the  guaranty  endorsed  on  these  bonds  by  the  bank  was  a 
perfectly  gratuitous  act,  not  required  or  authorized  by  the  law,  and 
must  have  been  done  for  some  such  purpose  as  that  for  which  it  is  now 
used. 

3.  Because,  since  the  loan,  the  State  has  increased  the  funds  pledged 
as  a  security  to  nearly  five  times  the  amount  originally  pledged,  and 
that,  besides  this,  the  amount  borrowed  is  itself  secured,  most  of  it,  on 
mortgages  guaranteed  by  the  city  of  Charleston. 

4.  Because  the  plan  submitted  proposes  to  the  foreign  creditor  either 
to  pay  off  his  debt  or  to  do  the  very  thing  lie  himself  proposes — substi 
tute  an  ample  equivalent  security  to  that  which  he  has. 

5.  Because  the  price  which  our  State  stocks  maintain,  without  any 
guaranty  of  the  bank,  show  that  the  holders  of  those  guaranteed  by  the 
bank  could  as  easily  realize  every  dollar  due  on  them  without  the 
guaranty  of  the  bank  as  with  it,  and  would  suffer  no  kind  of  injury 
from  its  withdrawal. 

6.  Because  the  charter  of  the  bank  was  before  the  creditors,  and  they 
knew,  as  well  as  we  do,  when  it  would  expire,  if  they  considered  it  of 
any  value ;  and  that  the  whole  of  this  clamor  about  good  faith  is  a  mere 
after-thought,  suggested  and  repeated  by  the  bank  itself. 

I  have  thus,  fellow-citizens,  laid  before  you  the  whole  subject.  You 
will  perceive  that  although  it  covers  so  much  ground,  it  all  bears  upon 
a  single  issue,  to-wit:  the  separation  of  bank  and  State;  the  same  issue 
which  was  fought  with  the  United  States  Bank,  the  pet  banks,  and  the 
government  banks  in  other  States  in  this  Union.  The  issue  is  now  be 
fore  the  people;  and  you  are  to  determine  whether,  in  South  Carolina, 


174  LIJTE  AND  TIMES  OF  C.  G.  MEMX1SGER. 

you  will  still  maintain  that  the  public  faith  and  the  public  funds  shall 
be  separated  from  the  casualties  of  banking.  As  your  representative,  I 
have  been  contending  for  this  principle  for  years,  and  you  have  con 
tinued  to  honor  me  with  your  approbation.  The  experience  of  fourteen 
years  of  service  in  the  Legislature  has  convinced  me  most  thoroughly 
that  the  Bank  of  the  State  is  an  institution  dangerous  and  injurious  to 
the  public  interests.  A  very  large  majority  of  the  last  Legislature  has 
expressed  the  same  opinion,  and  but  for  the  powerful  influence  which 
this  bank  exerts,  would  have  embodied  that  opinion  in  the  form  of  law 

Our  agency,  fellow-citizens,  as  your  representatives,  is  now  to  be 
accounted  for,  and  you  are  to  determine  whether  we  have  been  faithful 
servants.  In  passing  judgment,  permit  me  to  warn  you  that  false 
issues  will  be  offered  to  mislead  you.  Some  of  us  will  be  accused  of 
seeking  personal  ends,  or  of  having  our  own  interests  to  subserve.  So 
far  as  I  am  concerned,  I  am  content,  fellow-citizens,  to  leave  my  charac 
ter  in  your  hands.  I  have  no  fears  on  that  score.  Others  will  accuse  us 
of  hostility  to  all  banks.  Believe  them  not,  fellow-citizens.  The  simple 
issue  which  we  make  is  with  a  government  bank.  We  say  that  it  is 
unwise  and  inexpedient  to  subject  the  public  moneys  and  the  public 
faith  to  the  casualties  of  banking.  As  for  private  moneys  and  individ 
ual  capital,  that  may  as  legitimately  be  employed  in  banking  as  in 
commerce  and  manufactures,  and  it  would  be  as  absurd  to  refuse  to 
charter  banks  as  to  refuse  to  charter  manufacturing  or  insurance  com 
panies.  All  these  companies  should  of  course  be  regulated  by  law,  and 
with  banks  in  particular  measures  should  be  taken  to  restrain  their  cir 
culation  within  proper  bounds.  But  as  regards  the  State  itself,  I  can 
see  no  reason  why  she  should  not  as  well  undertake  to  buy  and  sell  cot 
ton,  as  to  buy  and  sell  bills  of  exchange,  or  engage  in  other  banking 
operations. 

In  conclusion,  fellow-citizens,  permit  me  to  add  that  I  have  deliv 
ered  my  counsel  with  an  honest  conviction  of  its  being  to  the  interest 
of  the  community  to  which  we  all  belong.  To  that  community,  under 
Providence,  I  owe  every  blessing  I  enjoy,  and  in  its  service  I  am  willing 
to  spend  every  energy  I  possess.  So  long,  therefore,  as  you  see  fit  to 
entrust  me  with  your  public  interests,  I  shall  most  cordially  strive  to 
promote  them  to  my  utmost  ability.  And  if  at  any  time  I  should  be  so 
unfortunate  as  not  to  gain  your  approbation  for  the  views  which  I  may 
entertain,  I  shall  still  endeavor  to  do  what  I  can  for  your  good,  in  any 
humbler  sphere  to  which  Providence  may  assign  me. 
Respectfully,  your  fellow-citizen, 

C.  G.  MEMMINGER. 

I  might  be  content  to  rest  the  claim  of  Mr.  Memminger 
to  a  high  place  among  the  great  lawyers  of  his  time  upon 


THE  LA  WYKR.  175 

the  manner  in  which  he  conducted  the  bank  case,  but  there 
are  other  lights  quite  as  brilliant  to  be  thrown  upon  his 
character,  and  other  causes  that  brought  forth  the  expres 
sions  of  his  acquirements  as  a  lawyer,  the  strength  of  his 
mind,  and  his  great  resources,  which  I  think  it  proper  to 
consider  before  I  turn  to  consider  Mr.  Memminger  as  a 
statesman  and  in  the  humbler,  but  by  no  means  none  the 
less  interesting  relations  of  a  private  citizen. 

A  lawyer  in  full  practice,  with  such  a  reputation  as  Mr. 
Memminger  had  acquired,  not  only  in  his  metropolitan  city, 
but  throughout  his  State,  would  have  many  important  causes 
to  engage  his  attention,  to  call  forth  the  energies  of  his 
strong  mind,  and  to  bring  into  practical  application  the 
knowledge  and  the  experience  he  had  acquired  through 
years  of  patient  research.  It  would  require  more  than  a 
single  volume  were  I  to  report  in  full  all  of  these  cases. 
From  among  the  great  number  I  have  selected  but  a  few 
which,  for  the  purposes  of  this  Memoir,  will  be  sufncient  to 
illustrate  the  distinctive  characteristics  of  Mr.  Memminger 
as  the  advocate  and  jurist. 

About  the  same  time  in  which  he  was  engaged  in  the 
bank  case,  his  services  were  employed  by  the  older  mem 
bers  of  the  Jewish  synagogue  in  Charleston  to  represent 
them  in  a  suit  which,  because  of  its  novelty  and  the  respec 
tability  of  the  parties  litigant,  created  considerable  comment 
at  the  time,  and  was  of  deep  interest  at  least  to  the  Israel 
ites  of  Charleston.  The  members  of  this  synagogue  were 
among  the  wealthy,  and,  in  some  instances,  among  the  in 
fluential  and  respected  citizens  of  the  good  old  city,  who,  as 
it  will  be  seen,  were  divided  in  their  opinions  on  the  con 
struction  of  the  charter  which  had  for  a  long  time  united 
them  in  their  forms  of  religious  worship. 

I  am  indebted  to  Mr.  Levin,  one  of  the  oldest  and  most 
respected  members  of  this  synagogue,  for  the  following 
statement  of  the  facts  in  this  case: 


176  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

The  synagogue  chartered  under  the  title  "  Kahal  Kadosh  Bete  Elo- 
him"  ("Holy  Congregation  of  the  House  of  God")  is  among  the  oldest 
in  the  United  States,  having  been  organized  in  the  year  1750.  Its  mem 
bership  was  then  small,  and  its  place  of  worship  changed  from  time  to 
time  until  the  year  1781,  when  its  present  site  was  purchased  and  a 
handsome  structure  erected.  The  building  committee  awarded  the 
contract  to  Messrs.  Steedman  &  Horlbeck,  and  upwards  of  $20,000  was 
paid  to  the  contractors.  It  was  dedicated  on  the  19th  day  of  September, 
1794,  and  Governor  Moultrie,  with  the  civil  and  military  officers  of  the 
State  and  city,  honored  the  occasion  by  their  attendance.  In  the  disas 
trous  fire  of  April,  1838,  this  synagogue  was  totally  destroyed. 

Having  realized  a  sufficient  sum  from  the  insurance  and  individual 
subscriptions,  the  board  of  trustees  issued  proposals  for  the  erection  of 
the  present  edifice  in  the  year  1840.  The  estimate  of  Mr.  David  Lopez, 
for  $40,000,  was  accepted,  and  his  contract  was  faithfully  executed;  not 
only  with  respect  to  the  materials  used,  but  also  for  the  superior  work 
manship  and  good  taste  displayed  by  him.  When  the  building  was  in 
progress  of  erection  a  petition  was  presented  to  the  board  of  trustees 
(July  8,  1840),  signed  by  thirty-eight  members  of  the  congregation, 
praying  "  that  an  organ  be  erected  in  the  synagogue  to  assist  in  the 
vocal  part  of  the  service."  The  petition  was  regarded  as  a  direct  viola 
tion  of  the  first  article  of  the  constitution,  as  the  form  of  service  was 
in  accordance  with  the  "  Minhag  Sephardim,"  or  "  Portuguese  Custom," 
as  practiced  in  this  city,  and  one  of  its  provisions  declares  that  "  to 
guard  against  innovations,  it  shall  not  be  in  the  power  of  any  president 
or  administration  to  introduce  any  alteration  in  the  mode  of  service 
except  such  as  may  be  specified  in  this  constitution." 

The  board  of  trustees  by  a  vote  of  four  to  one  decided  that  the  petition 
was  an  innovation  upon  the  established  and  immemorial  usage  of  the 
Jews,  and  a  violation  of  the  fundamental  law,  and  it  was  laid  on  the  ta 
ble.  The  petitioners,  highly  incensed  and  dissatisfied  with  the  action  of 
the  board,  demanded  that  a  general  meeting  of  the  members  should 
take  place,  and  on  the  26th  of  July,  1840,  eighty-seven  members  an 
swered  to  the  roll-call. 

The  proposition  to  allow  the  introduction  was  renewed,  and  after  the 
resolution  had  been  read  the  presiding  officer  declared  that  it  was  a 
constitutional  question  in  direct  conflict  with  the  first  and  twelfth  arti 
cles  of  the  constitution,  and  would  require  a  vote  of  three-fourths  of  the 
members  present  to  alter  or  amend. 

From  this  decision  an  appeal  was  taken  and  the  decision  of  the  pres 
ident  overruled  by  a  vote  of  forty  yeas  and  forty-seven  nays. 

A  long,  animated  and  exhaustive  discussion  then  ensued,  and  the 
resolution  that  an  organ  be  erected  in  the  synagogue  to  assist  in  the 
vocal  part  of  the  service  was  adopted  by  a  vote  of  forty-six  yeas  to 


THE  LA  WYER.  177 

forty  nays.  After  this  action  about  forty  of  the  most  pious  and  exem 
plary  members  withdrew  from  the  congregation  and  established  a  sepa 
rate  place  of  worship. 

As  soon  as  this  disruption  occurred  the  members  of  "  Bete  Elohim  " 
changed  the  constitution,  and  several  stringent  provisions  were  enacted 
for  the  express  purpose  of  excluding  the  seceders  and  making  radical 
changes  in  the  creed  and  service.  These  innovations  were  sanctioned  by 
the  minister,  and  a  most  intense  excitement  prevailed  in  the  Jewish 
community,  causing  divisions  in  family  circles,  bitter  feuds  among 
relatives,  and  an  estrangement  among  life-long  friends.  Many  of  those 
who  had  voted  for  the  introduction  of  instrumental  music  now  saw  that 
the  innovating  party  were  frequently  making  radical  changes  in  the  ser 
vice,  and  in  order  to  stop  their  progress  solicited  the  seceders  to  return 
and  be  restored  to  their  privileges.  The  application  for  a  renewal  of 
membership  was  made  by  letter  to  the  president  and  board  o€  trustees, 
four  of  whom  were  favorable,  but  the  president  (under  legal  advice) 
refused  to  convene  the  board  for  this  or  any  other  business.  In  conse 
quence  of  this  illegal  action  twenty-five  additional  members  withdrew 
from  the  corporation,  united  with  the  forty  original  seceders,  and  erected 
a  place  of  worship  in  "Wentworth  street,  between  Meeting  and  Anson 
streets,  the  name  of  the  congregation  being  "  Shearit  Israel,"  or  "  Kem- 
nant  of  Israel." 

Many  of  the  corporators  who  had  contributed  liberally  to  the  build 
ing  fund  of  the  synagogue  took  active  steps  to  conciliate,  but  these  ef 
forts  proved  fruitless,  and  the  members  of  "  Bete  Elohim"  having  deter 
mined  to  submit  the  matter  to  the  civil  tribunal,  the  seceding  mem 
bers  in  the  year  1843,  retained  the  "services  of  Messrs.  Memminger  & 
Jervey,  who  represented  them  in  a  truthful  and  eloquent  return  to  the 
rule  for  an  information  of  quo  warranto  in  the  case  of  The  State  ex-rela- 
tionc  A.  Ottoleregui  v.  G.  V.  Ancker  and  others. 

It  is  a  source  of  great  pleasure  to  state  that  soon  after  the  close  of 
the  civil  war  the  excitement  was  allayed,  harmony  restored,  and  a 
union  of  the  two  congregations  happily  accomplished  by  the  conserva 
tive  element  in  both  bodies. 

In  this  case  Mr.  Memminger  declined  to  accept  a  fee  or 
other  compensation  for  his  services.  I  am  informed  that 
he  stated  to  the  gentlemen  who,  as  the  representatives  of 
their  congregation,  waited  upon  him,  that  he  felt  it  to  be  his 
conscientious  duty  as  a  believer  in  their  God,  to  devote 
himself  to  their  service  without  compensation.  As  a  testi 
monial  of  their  esteem,  and  of  their  appreciation  of  his  ser- 

12 


178  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

vice,  the  congregation  presented  to  Mr.  Memminger  an  ele 
gant  service  of  silver.  From  the  Charleston  Courier  of  that 
date  I  extract  the  following  description  of  this  handsome  gift: 

We  had  the  pleasure  yesterday  of  examining  a  beautiful  and  muni 
ficent  present  intended  by  a  portion  of  the  Israelites  of  Charleston,  for 
C.  G.  Memminger,  Esq.,  their  able  and  gifted  counsel  in  the  great 
Hebrew  cause  now  pending  in  our  courts,  in  token  of  their  grateful 
sense  of  his  arduous  and  valuable  professional  services  in  their  behalf, 
he  having  generously  declined  a  fee  for  the  same.  It  consists  of  an  ele 
gant  and  richly  chased  silver  pitcher  of  the  Rebecca  pattern,  near  two 
feet  in  height,  and  a  massive  silver  waiter,  eighteen  inches  in  diameter. 
The  pitcher  bears  in  front  the  following  inscription  : 

FROM  THE  JEWS  OF  CHARLESTON,  So,  CA., 

Professors  of  the  Ancient  Faith  of  the  House  of  Israel,  as  received  from 

THEIR    FATHERS 

TO 


In  testimony  of  his  disinterested,  zealous  and  able  services  in  defense  of  Rights, 

Founded  upon  that  Faith, 
Before  the  Judiciary  of  South  Carolina, 

ANNO  MUNDI,  5604. 

[Hebrew  inscription,  with  the  following  translation  :] 

"  Pray  for  the  peace  of  Jerusalem  : 
They  shall  prosper  that  love  thee." 
Psalms  cxxii.     Verse  6. 

The  following  are  the  beautiful  and  appropriate  devices: 

RIGHT. 

View  of  Jerusalem,  with  the  fruit-bearing  Palm. 

LEFT. 

The  Palm  of  the  Desert. 

Rebecca  at  the  Well,  stooping  to  draw  water. 

Abraham's  servant,  with  his  camels  in  the  distance. 

The  pitcher  is  finished  and  adorned  with  an  elegant  scroll  handle, 
resting  on  a  cherub,  and  at  the  foot  it  is  richly  chased  with  the  fruits  of 
the  Holy  Land  —  the  olive,  the  date,  the  prickly-pear,  and  the  melon. 

The  waiter  is  chased  with  a  rich  oak  border  of  leaves  and  acorns,  and 
is  decorated  centrally  with  a  beautiful  wreath  of  roses  and  rose  leaves. 

This  valuable  memento,  with  other  personal  property, 
was  taken  from  the  residence  of  Mr.  Memminger  when  it 
was  plundered  by  the  invading  soldiers  of  the  Federal  army, 
and,  notwithstanding  its  well-marked  and  unmistakable  evi 
dences  of  ownership,  is  still  held  somewhere  at  the  North 
as  a  "  trophy,"  or  has  been  converted  into  bullion  and  sold 
by  some  remorseless  thief. 


THE  LAWYER.  179 

Another  remarkable  case  which  came  before  the  equity 
courts  at  this  time  was  that  of  Pell  and  Wife  versus  Elias  0. 
Ball  and  others.  This  case  was  then  remarkable  not  alone 
because  of  the  melancholy  circumstances  attending  the 
death  of  Mr.  Ball  and  his  estimable  wife,  well-known  and 
highly  respectable  citizens  of  Charleston,  but  it  was  of  great 
interest  to  the  legal  profession  because  of  the  then  novel 
question  of  survivorship  which  their  tragic  death  raised  be 
fore  the  courts.  There  were  no  very  abstruse  principles  of 
law  involved ;  but  as  a  case  requiring  a  thorough  knowledge 
of  the  rules  of  evidence.,  none  that  had  occurred  in  the  his 
tory  of  the  Charleston  bar  occasioned  at  the  time  more 
comment  or  was  of  more  general  interest.  The  case  belongs 
to  a  highly  interesting  branch  of  law,  upon  which  at  that 
time  there  were  but  very  few  positive  decisions,  particularly 
in  the  common  law  courts;  to  that  class  of  cases  where  some 
right  is  made  to  depend  on  the  question,  which  was  the  sur 
vivor  of  two  or  more  persons  who  have  perished  by  the  same 
calamity?  The  facts  of  the  case,  as  presented  in  the  testi 
mony,  are  about  these. 

The  steamer  Pulaski  left  Savannah,  Georgia,  011  Wednes- 
day,  13th  June,  1S33,  with  many  passengers,  and  arrived  at 
Charleston  that  evening.  The  next  morning  Mr.  and  Mrs. 

o  & 

Ball,  with  their  adopted  daughter  and  servants,  having  gone 
on  board,  the  vessel  departed  for  the  North  and  pursued  her 
course  until  midnight,  when,  most  of  the  passengers  having 
retired,  the  boiler  on  the  starboard  side  exploded.  By  this 
explosion  an  extensive  breach  was  made  in  the  side  of  the 
vessel.  Her  main  deck  was  blown  off,  thus  destroying  all 
communication  between  the  forward  and  'after  part  of  the 
steamer.  The  forward  part  of  the  upper  deck,  known  as  the 
hurricane  deck,  was  entirely  blown  off,  carrying  with  it  the 
wheel-house  and  killing  the  captain,  Dubois,  and  many  pas 
sengers.  The  gentlemen's  forward  cabin  was  greatly  in- 


180  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

jured,  its  floor  ripped  up  and  bulk-head  driven  in.  Major 
Twiggs,  a  passenger,  testified  that  his  berth  was  there,  and 
that  many  perished  in  that  part  of  the  vessel  by  the  explo 
sion. 

The  vessel  careened  to  the  larboard  and  soon  began  to  fill 
with  water.  In  a  very  short  time  the  hold  was  filled  and 
the  water  gained  to  the  level  of  the  floors  of  the  gentlemen's 
cabin.  Finally  the  vessel  parted  amidship  (the  forward  and 
after  part).  There  were  several  passengers  in  the  forward 
part  of  the  vessel,  nearly  all  of  whom,  speedily  perished,  but 
the  greater  portion  were  in  the  after  part.  Of  these  as  many 
as  could  do  so  climbed  to  the  promenade  deck,  but  there 
wrere  many — mostly  ladies,  among  whom  were  Mrs.  Ball  and 
her  adopted  daughter — who  remained  on  the  main  deck. 
Of  Mrs.  Ball  nothing  is  known  beyond  the  fact  that  she  was 
seen  on  the  main  deck  and  recognized  by  at  least  one  wit 
ness  who  knew  her.  She  is  described  by  this  witness,  who 
heard  her  calling  in  piteous  tones  for  her  husband,  and  who 
last  saw  her  there  on  the  main  deck  just  before  that  portion 
of  the  vessel  sank.  -  Of  Mr.  Ball,  all  that  would  indicate  that 
he  was  not  killed  by  the  explosion  was  the  discovery  of  a 
dress  coat  in  a  boat  having  a  collar  in  the  pocket  bearing 
his  name. 

Mr.  Ball  was  the  possessor  of  a  large  estate,  and  had 
before  this  calamity  made  a  will,  which  disposed  of  tho  same, 
making  his  wife  his  heir,  in  the  event  of  his  death  without 
issue,  and  providing  several  contingent  legacies. 

The  question  before  the  court  was  to  determine  the  fact  as 
to  whether  Mrs.  Ball  survived  her  husband,  even  for  a 
moment,  or  whether  she  perished  before  he  did,  or  whether 
both  perished  at  the  same  instant  of  time. 

The  very  large  estate,  real  and  personal,  would  be  dis 
tributed  under  the  provisions  of  the  will  and  the  rules  of  the 
common  law  accordingly  as  the  question  of  survivorship 
should  be  determined  by  the  court. 


THE  LA  WYER.  181 

In  this  cause  the  complainants  were  represented  by 
Messrs.  Petigru,  Legare  and  Seldler,  while  the  respondents 
were  represented  by  Mr.  Memminger,  Mr.  Dessaussure  and 
Mr.  Mazyck. 

No  pains  were  spared  by  the  counsel  on  either  side  to 
have  the  circumstances  of  the  appalling  calamity  brought 
clearly  before  the  court.  An  exact  model  of  the  vessel  was 
prepared  and  every  minute  circumstance  brought  to  the  at 
tention  of  the  chancellor  who  heard  the  case.  In  the  review 
of  this  testimony,  as  I  am  informed  by  a  lawyer  who  heard 
the  argument,  Mr.  Memminger  brought  into  play  his  pecu 
liar  characteristic  as  a  lawyer,  a  direct  approach  to  the  sub 
ject-matter  under  consideration,  by  "  brushing  away  the  cob 
webs  of  rhetoric,"  and  reaching  by  a  process  of  intellectual 
analysis,  rapid  and  perfect,  the  main  point  he  desired  to  es 
tablish  in  the  investigation.  There  could  have  been  no  bet 
ter  case  in  which  to  deduce  conclusions  from  hypothetical 
reasoning,  none  that  brought  out  more  fully  all  the  law  then 
established  by  decisions,  or  that  was  to  be  found  in  the  text 
books  on  circumstantial  evidence.  The  model  of  the  unfor 
tunate  steamer,  presenting  every  peculiar  feature  of  con 
struction,  was  brought  before  the  court.  This  was  so  ar 
ranged  that  the  wreck  after  the  explosion  could  be  perfectly 
demonstrated.  The  location  of  Mr.  Ball  and  his  wife  was 
established  by  the  testimony,  and  in  this  every  minute  cir 
cumstance  was  presented  with  that  clearness  and  particular 
ity  which  was  always  characteristic  of  Mr.  Memminger  in 
his  searching  scrutiny  of  the  evidence  for  and  against  his 
client.  The  case  was  under  consideration  for  several  days 
during  which  the  interest  of  the  public  constantly  in 
creased.  Finally  the  arguments  were  closed  and  Chancel 
lor  Johnston  delivered  his  opinion  and  judgment. 

This  was  an  elaborate  review  of  the  testimony  in  the  case, 
the  weight  of  which  the  chancellor  determined  was  in  sup 
port  of  the  theory  that  Mrs.  Ball  survived  her  husband  and 


182  'LIFE  AND  TIMES  OF  C.  G.  MEMMINGEU. 

did  not  perish,  until  after  lie  had  ceased  to  exist.     The  fol 
lowing  is  the  concluding  portion  of  his  judgment : 

I  have  from  all  these  considerations  formed  the  opinion  that  Mrs. 
Ball  survived  her  husband.  The  legacies  must  be  disposed  of  as  pro 
vided  for  in  the  contingency  which  has  happened,  of  the  death  of  the 
testator  without  leaving  issue.  Such  as  have  lapsed  must  be  distributed. 

In  closing  this  judgment;,  continues  the  chancellor,  I  cannot  suffi 
ciently  testify  my  respect  for  the  honorable  disposition  manifested  by 
all  parties.  An  appeal  to  the  law  was  made  only  because  the  minority 
of  some  of  the  parties  at  interest  rendered  a  compromise  difficult  if  not 
impossible.  It  is  not  a  case  for  costs.  Let  the  costs  be  paid  out  of  the 
estate  before  distribution  and  deducted  from  the  amounts  coming  to 
the  parties  ratably. 

The  case  was  appealed  by  the  complainants  and  before 
the  Appellate  Court  again  argued  by  Mr.  Mcrnminger  for 
the  heirs  of  Mrs.  Ball  and  Mr.  Petigru  contra. 

The  unanimous  judgment  of  the  Appellate  Court  sus 
tained  the  judgment  of  the  chancellor  in  the  court  below. 

In  other  forms  this  case  came  before  the  Courts  of  Equity 
at  several  subsequent  sittings,  but  only  with  the  view  of  de 
termining  the  equitable  rights  of  the  several  parties  who 
were  claimants  under  the  provisions  of  the  will  of  Mr.  Ball. 
These  several  cases  will  be  found  fully  reported  in  the 
Equity  Reports  of  Cheves,  Spear  and  1st  Richardson. 

There  is  no  case  in  which  Mr.  Memminger  appeared  as 
counsel  among  the  many  reported  in  the  South  Carolina  de 
cisions,  in  which  his  remarkable  facility  for  stating  con 
cisely  and  with  the  utmost  clearness  the  propositions  in 
volved,  is  more  conspicuously  set  forth  than  in  the  case  of 
The  State  ex-relatione  Shiver  and  others  versus  the  Comp 
troller-General,  reported  at  length  in  the  fourth  volume  of 
Richardson's  Reports,  1872. 

This  was  a  petition  praying  for  a  writ  of  mandamus  com 
manding  the  Comptroller-General  to  give  notice  to  the  audi 
tors  of  each  county  in  South  Carolina  of  the  rate  per 
centum  of  three  mills  on  the  dollar  on  the  assessed  value 


THE  LA  WYEE.  183 

of  all  of  the  taxable  property  in  the  State  for  the  redemp 
tion  of  certain  treasury  certificates,  known  as  the  "  Blue 
Ridge  Railroad  Revenue  Bond  Script." 

Under  the  provision  of  an  act  of  the  Legislature  passed 
when  the  negro  and  "  Carpet-hag"  government  was  domi 
nating  the  State,  the  Comptroller  was  authorized  to  issue 
one  million  eight  hundred  thousand  dollars  of  Treasury 
certificates  to  be  exchanged  for  the  bonds  of  the  Blue  Ridge 
Railroad  Company,  held  by  the  financial  agent  of  the  State 
in  New  York,  as  collateral  security  for  advances  made  to  the 
said  railroad  company.  In  this  cause  Mr.  Memminger,  with 
Mr.  J.  D.  Pope,  Mr.  Haskell  and  Attorney-General  Melton, 
represented  the  State.  The  argument  of  Mr.  Memminger, 
as  embraced  in  the  report  of  the  case,  is  a  perfect  illustra 
tion  of  all  that  has  been  heretofore  presented  with  respect 
to  his  peculiar  characteristics  as  a  lawyer.  I  would  ab 
stract  fully  from  these  and  present  his  clear  statement  of 
the  law  in  the  case,  but  do  not  deem  it  necessary  to  dwell 
longer  on  this  interesting  branch  of  my  most  interesting 
subject. 

As  an  advocate  Mr.  Memminger  never  attempted  the  art 
and  mannerism  of  an  orator  of  the  schools.  While  he 
was  often  eloquent,  his  eloquence  was  the  expression  of 
strong  thought,  logically  conveyed,  convincing  the  mind 
and  demolishing  all  opposition  by  the  earnest  manner  in 
which  it  was  delivered.  His  diction  was  always  that  of 
unexceptionably  good  English,  but  at  no  time  did  he  revel 
in  the  fancies  of  a  mere  rhetorician.  He  dealt  in  no 
epigrammatic  alliterations,  no  hyperboles,  no  tropes  or  daz 
zling  figures  with  which  to  enrapture  the  sentimental  and 
to  obscure  his  reasoning.  He  has  been  thought  by  some  to 
have  been  devoid  of  sentiment,  but  only  by  those  whose 
temperaments  and  mental  structure  made  them  more  poetic 
than  philosophic.  While  the  drill  of  his  faculties,  and 


184  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

indeed  his  intellectual  endowments,  caused  Mr.  Memminger 
to  take  a  practical  view  of  life,  yet  there  was  a  profound  sen 
timent  pervading  his  nature.  If  this  did  not  find  expression 
in  ditties  of  love  and  in  songs  of  praise;  if  it  did  not  come  in 
the  form  of  measured  verse  or  in  the  well-rounded  periods 
of  the  rostrum,  it  nevertheless  was  moving  in  his  soul, 
responsive  to  every  touch  that  reached  the  chords  of  a  well- 
strung  harp,  whose  sweet  music  brought  joy  to  many  a  weary 
pilgrim  in  life's  desert  way.  His  sentiment  never  took  the 
form  of  gushing  enthusiasm,  or  wras  it  ever  found  on  a  spas 
modic  parade,  but  it  moved  quietly  as  a  great  undercurrent 
in  his  serene  and  appreciative  nature.  His  mind  was  emi 
nently  logical.  In  his  orations,  or  addresses,  he  always 
sought  to  convince  his  hearers  by  argument  and  not  to  lead 
them  by  appeals  to  their  emotions.  Those  who  knew  him 
well,  and  were  long  associated  with  him  at  the  Bar  and  in 
the  legislative  councils  of  the  State,  testify  that  he  possessed 
to  a  remarkable  degree  the  power  of  stating  his  propositions 
with  such  clearness,  and  presenting  them  with  such  an 
earnest  manner,  that  he  brought  conviction  of  their  truth 
even  before  they  were  supported  by  an  argument. 

It  was  this  peculiar  characteristic  that  made  him  so  effec 
tive  before  a  jury.  From  his  contemporaries  I  learn  that 
his  statement  of  a  case  to  the  jury  was  always  so  lucid,  so 
direct  and  so  earnest  that  there  was  but  little  left  to  be  done 
after  it  had  been  made  but  to  support  it  with  evidence.  Mr. 
Memminger  had  no  ideal  in  oratory.  He  had  studied  at  no 
particular  school  the  arts  or  the  formulas  of  a  master. 
Hence  in  his  delivery  and  in  his  discourse  there  was  noth 
ing  that  appeared  as  a  borrowed  garb  either  in  his  thought 
or  action.  As  in  his  composition,  so  in  his  elocution  there 
was  the  constant  reflex  of  the  personality  of  the  man,  find 
ing  expression  in  simple  and  therefore  forcible  terms,  and 
under  no  circumstances  disguised  in  the  toggery  of  a  "  green 
room,"  or  by  the  strut  of  a  stage  performance. 


THE  LA  WYER.  185 

In  his  discourses  Mr.  Memminger  never  carried  his  hear 
ers  on  an  excursion  through  the  air.  You  might  rest  secure 
upon  the  earth,  for  he  was  no  intellectual  aeronaut,  and  never 
ventured  to  risk  his  own  or  the  comfort  of  his  audience  by  a 
voyage  among  the  clouds.  He  sought  to  convince  their 
rninds,  and  would  build  before  them  a  pyramid  of  reasoning 
whose  finished  apex  was  the  conclusive  induction  of  his  own 
lucid  mind,  warmed  into  an  intense  glow  by  the  fervor  of  his 
earnest  spirit. 

Hence  it  was  that  Mr.  Memminger  was  so  painstaking  and 
careful  in  laying  the  foundation  of  his  arguments.  His 
premises  were  established  in  the  most  adroit  and  skillful 
manner,  bringing  with  them  fact  after  fact,  with  no  redun 
dant  terms  or  superfluous  drapery  to  arrest  the  attention  of 
his  audience  or  to  weaken  the  force  of  their  array.  He 
marshaled  these  as  a  skillful  general  would  his  advanced  line 
of  battle,  holding  as  a  strong  reserve,  to  be  thrown  at  any 
weak  point,  a  well-prepared,  concise  and  clear  statement  of 
the  propositions  he  desired  to  sustain.  His  argument  was 
the  energetic  advance  of  his  columns  in  a  phalanx  of  reason 
ing  compact  as  the  legions  of  Caesar.  In  support  of  this 
argument  he  brought  forward  authorities  and  cited  prece 
dents  selected  with  great  care  from  his  large  park  of  legal 
artillery. 

Thus  prepared,  either  for  attack  or  defense,  he  was  invinci 
ble  before  a  jury,  and  was  seldom  reversed  by  the  courts  of 
last  resort. 

He  was  an  excellent  counsellor.  To  use  the  language  of 
the  Hon.  Joseph  D.  Pope,  a  most  competent' judge: 

Mr.  Memminger  was  one  of  the  best  of  our  lawyers  in  consultation 
in  a  law  case  of  any  intricacy,  in  determining  what  should  be  put  for 
ward  and  what  should  be  kept  back,  and  hence  he  was  a  superb  exami 
ner  of  witnesses. 

In  a  case  of  purely  a  business  character  involving  the  details  of  com 
mercial  transactions,  Mr.  Memminger  was  superior  to  Mr.  Petigru  or  of 
any  lawyer  I  have  ever  known.  He  was  not  an  orator  in  the  Cicero- 


186  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

man  sense,  and  yet  he  was  possessed  with  the  power  of  convincing  his 
hearers  to  a  marvelous  extent.  Chancellor  Johnston  once  said  that 
when  Mr.  Memminger  had  finished  the  statement  of  his  case  there  was 
little  need  for  an  argument.  It  was  this  peculiar  gift  that  enabled  Mr. 
Memminger  to  have  sucli  power  everywhere;  in  the  Cabinet  or  in  the 
Legislature,  before  a  board  of  railroad  directors,  at  a  bank  meeting,  or 
at  a  meeting  of  citizens  to  consider  any  public  enterprise;  in  the  coun 
cils  of  the  church  or  of  the  bar,  he  was  always  a  controlling  spirit  and 
an  irresistible  power. 

Mr.  Petigru's  superiority  consisted  in  the  manner  in  which  he  would 
discuss  the  philosophic  principles  on  which  the  law  rested  and  the  elo 
quence  with  which  he  would  present  these  views,  particularly  if  he  had 
any  personal  feeling  in  the  matter  or  his  sympathies  had  been  appealed 
to.  Mr.  Petigru  was  a  great  humorist  and  a  remarkable  wit.  His 
argument  would  be  at  times  bristling  with  glittering  shafts  of  satire,  or 
sparkling  with  the  most  pungent  witicisms.  On  the  contrary,  Mr. 
Memminger  would  in  the  statement  of  his  cases  and  in  the  marvelous 
skill  of  his  analysis,  build  up  his  logical  arguments  so  strongly  that  not 
even  the  chaste  diction  and  eloquence  of  Mr.  Petigru  or  the  sparkle  of 
his  wit  could  overcome  the  impression  he  had  made.  If  Mr.  Memmin 
ger  had  been  an  English  barrister  he  would  have  been  a  great  leader  in 
Parliament.  The  soundness  of  his  judgment  and  great  practical  sense, 
which  seems  always  to  have  governed  the  English  Parliament,  would 
have  given  him  great  prominence  there.  He  would  never  have  gov 
erned  the  House  of  Commons  as  did  Lord  Chatham,  but  he  would  have 
led  it  like  Sir  Robert  Peel,  whom  he  greatly  resembled  in  many  re 
spects. 


CHAPTER  Y. 

of  1852. 


|HE  partial  estrangement  between  the  people  of 
South  Carolina  and  the  Federal  government,  which 
had  been  brought  about  by  the  tariff  measures  and 
Nullification  proceedings  of  1832,  had  not  been  entirely 
removed  before  the  formation  of  abolition  societies  at  the 
North,  and  the  sympathy  expressed  for  them  in  Congress, 
produced  a  new  cause  of  ill-will  between  the  Northern  and 
Southern  sections  and  a  new  danger  to  the  stability  of  the 
Union. 

The  acquisition  of  the  immense  territory  west  of  the  Mis 
sissippi  river  and  its  rapid  settlement  at  once  brought  about 
the  agitation  of  the  slavery  question,  with  all  the  fanatical 
zeal  of  the  abolitionists  and  the  determined  opposition  of  the 
people  of  the  slave-holding  States.  The  measures  adopted 
and  the  means  employed  by  the  abolition  societies  of  the 
North,  especially  those  of  the  New  England  States,  had  pro 
voked  in  the  appeals  they  made  to  the  slaves  and  in  the 
denunciations  of  their  masters,  the  people  of  the  Southern 
States,  and  had  called  forth  the  most  earnest  protests  from 
their  legislatures  and  public  assemblies. 

While  this  had  been  going  on  for  some  time  and  was  con 
stantly  irritating  the  minds  of  the  Southern  people,  it  was 
not  until  the  aggressive  spirit  of  the  over-zealous  philanthro 
pists  of  the  North  and  their  fanatical  coadjutors  attempted 
by  legislation  to  restrict  the  rights  of  the  slave-owner  in  the 
use  of  his  property,  and  to  limit  the  area  in  which  slavery 
should  be  permitted  to  have  even  a  legalized  existence,  that 
resistance  to  their  procedures  and  demands  came  from  the 

Southern  States. 

f  is?  ] 


188  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

Unless  one  becomes  familiar  with  the  peculiar  energy  of 
the  Puritan  spirit,  and  has  a  knowledge  of  the  impudence 
and  self-conceit  of  these  most  aggressive  people,  it  will  be 
difficult  to  conceive  the  inspiration  that  has  moved  them  to 
assume  the  guardianship  of  American  morals,  or  to  compre 
hend  the  length  to  which  their  zealots  have  gone  in  assert 
ing  the  whims  of  their  social  leaders.  An  illustration  of 
this  is  to  be  found  in  the  case  of  one  Samuel  Hoar,  of  Mas 
sachusetts,  who  came  to  South  Carolina  as  the'  agent  of  his 
State  in  1844,  and  formally  presented  the  object  of  his  mis 
sion  in  a  letter  addressed  to  the  Governor,  in  which  he 
stated  that  he  had  been  commissioned  by  the  State  of  Mas 
sachusetts  to  test  by  legal  proceedings  the  constitutionality 
of  the  act  of  the  Legislature  of  South  Carolina,  passed  in 
1835,  which  prohibited  the  landing  of  negro  seamen  or 
"  persons  of  color  "  employed  as  sailors  at  any  of  the  ports 
of  the  State. 

The  letter  and  mission  of  Mr.  Hoar  was  referred  to  the 
Legislature  of  South  Carolina,  then  in  session,  by  the  Gov 
ernor,  while  Mr.  Hoar  remained  at  one  of  the  hotels  in 
Columbia,  shielded  by  the  presence  of  his  daughter,  whose 
sex  would  command  the  respect  of  the  people  who  despised 
the  spirit  that  had  prompted  the  mission  of  the  father. 

The  report  of  the  Committee  on  Federal  Relations  of  the 
House  of  Representatives,  who  had  considered  the  letter  of 
Mr.  Hoar,  was  made  on  the  5th  of  December,  and  at  once 
provoked  a  discussion  which  was  remarkable  in  that  the 
recommendations  of  the  committee  were  opposed  by  only 
one  member  of  the  House,  who,  with  all  the  earnestness  of 
his  nature  and  the  dispassionate  logic  of  his  sound  reason 
ing,  advocated  the  policy  of  allowing  the  case  to  be  made  in 
the  courts.  This  single  member  of  the  House  of  Repre 
sentatives  was  Mr.  Memminger.  He  maintained,  with  great 
force  of  reasoning,  that  when  the  argument  was  properly 
submitted  to  the  Supreme  Court  the  right  of  South  Carolina 


SECESSION  MOVEMENT  OF  1852.  189 

to  adopt  such  police  regulations  as  were,  in  the  judgment  of 
her  legislators,  necessary  to  maintain  the  peace,  and  to  se 
cure  the  rights  of  her  citizens  in  property,  recognized  as 
such  by  the  Constitution  of  the  United  States,  would  be 
sustained  by  this  highest  court  of  adjudicature,  and  that  in 
this  manner  the  question  of  the  citizenship  of  free  negroes 
would  be  set  at  rest.  He  held  that  the  act  of  1835  was  con 
stitutional,  and  that  South  Carolina  had  nothing  to  fear  in 
meeting  the  challenge  sent  to  her  by  Massachusetts  to  join 
an  issue  on  the  question  before  the  Supreme  Court.  I  re 
gret  that  I  have  not  succeeded  in  finding  a  full  report  of  the 
argument  of  Mr.  Memminger  as  made  before  the  House  of 
Representatives  in  opposition  to  the  report  of  the  committee. 
Gentlemen  who  heard  it  assure  me  that  it  was  among  the 
ablest  delivered  by  Mr.  Memminger  during  his  career  as  a 
legislator,  and  called  forth  expressions  of  commendation 
even  from  those  who  disagreed  with  him. 

The  following  extract  from  the  Journal  of  the  House  of 
Representatives  gives  in  full  the  report  of  the  committee 
and  of  the  action  taken  by  that  body.  Single  and  alone  Mr. 
Memminger  appears  upon  the  record,  the  only  vote  in  oppo 
sition  to  the  resolutions  as  reported  by  the  committee.  There 
is  not  such  another  record  in  the  history  of  the  legislation 
of  South  Carolina.  It  expresses  more  of  moral  heroism,  the 
sterling  character,  and  firm  adherence  to  the  honest  con 
viction  of  a  sincere  man  than  his  biographer  could  present 
in  terms  of  the  English  language: 

The  Committee  on  Federal  Relations,  to  whom  was  referred  the  com 
munication  of  his  Excellency  the  Governor,  transmitting  a  letter  ad 
dressed  to  him  by  Samuel  Hoar,  an  agent  of  the  State  of  Massachusetts 
for  certain  purposes,  submit  the  following  report : 

By  an  act  passed  on  the  19th  day  of  December,  1835,  the  General  As 
sembly  endeavored  to  guard  against  the  introduction  of  free  negroes 
and  persons  of  color  into  this  State,  upon  principles  of  public  policy 
affecting  her  safety  and  her  most  vital  interests.  The  right  of  excluding 
from  their  territories  conspirators  against  the  public  peace,  and  disaf- 


190  LIFE  AND  TIMES  OF  C.  G.  MEMM1NGER. 

fected  persons  whose  presence  may  be  dangerous  to  their  safety,  is  es 
sential  to  every  government.  It  is  everywhere  exercised  by  indepen 
dent  States,  and  there  is  nothing  in  the  Constitution  of  the  United 
States  which  forbids  to  South  Carolina  the  right,  or  relieves  this  Legis 
lature  from  the  duty,  of  providing  for  the  public  safety. 

Massachusetts  has  seen  fit  to  contest  this  right,  and  has  sent  an 
agent  to  reside  in  the  midst  of  us,  whose  avowed  object  is  to  defeat  a 
police  regulation  essential  to  our  peace.  This  agent  comes  here,  not  as 
a  citizen  of  the  United  States,  but  as  the  emissary  of  a  foreign  govern 
ment  hostile  to  our  domestic  institutions,  and  with  the  sole  purpose  of 
subverting  our  internal  police.  We  should  be  insensible  to  every  dic 
tate  of  prudence  if  we  consented  to  the  residence  of  such  a  missionary, 
or  shut  our  eyes  to  the  consequences  of  his  interference  with  our  domes 
tic  concerns. 

The  Union  of  these  States  was  formed  for  the  purpose,  among  other 
things,  of  ensuring  domestic  tranquility  and  providing  for  the  common 
defense ;  and  in  consideration  thereof,  this  State  yielded  the  right  to 
keep  troops  or  ships  of  war  in  time  of  peace  without  the  consent  of  Con 
gress;  but  while  thus  consenting  to  be  disarmed,  she  has,  in  no  part  of 
the  constitutional  compact,  surrendered  her  right  of  internal  govern 
ment  and  police ;  and,  on  the  contrary  thereof,  has  expressly  reserved 
all  powers  not  delegated  to  the  United  States,  nor  prohibited  by  it  to 
the  States. 

The  State  of  Massachusetts  denominates  as  citizens  those  persons  for 
whose  protection  her  tender  solicitude  has  devised  this  extraordinary 
mission.  Yet  if  it  were  admitted  that  they  are  citizens  of  that  State, 
your  committee  cannot  suppose  that  she  will  challenge  for  them  greater 
rights,  immunities  and  privileges  within  our  territories  than  are  en 
joyed  by  persons  of  the  same  class  in  South  Carolina.  But  your  com 
mittee  deny  that  they  are  citizens  within  the  meaning  of  the  Constitu 
tion  ;  nor  did  Massachusetts  herself  treat  as  citizens  persons  of  this  class 
residing  within  her  limits,  either  at  the  adoption  of  the  Constitution  or 
since ;  but,  on  the  contrary,  they  were  subjected  to  various  disabilities, 
from  which  her  other  inhabitants  were  exempt. 

Your  committee  cannot  but  regard  this  extraordinary  movement  as 
part  of  a  deliberate  and  concerted  scheme  to  subvert  the  domestic  in 
stitutions  of  the  Southern  States,  in  plain  violation  of  the  terms  of  the 
national  compact,  and  of  the  good  faith  which  ought  to  subsist  between 
the  parties  thereto,  and  to  which  they  stand  solemnly  pledged. 

Your  committee  recommend  the  adoption  of  the  following  resolu 
tions: 

Resolved,  That  the  right  to  exclude  from  their  territories  seditious 
persons,  or  others  whose  presence  may  be  dangerous  to  their  peace,  is 
essential  to  every  independent  State, 


SECESSION  MOVEMENT  OF  1852.  191 

Resolved,  That  free  negroes  and  persons  of  color  are  not  citizens  of 
the  United  States  within  the  meaning  of  the  Constitution,  which  con 
fers  upon  the  citizens  of  one  State  the  privileges  and  immunities  of 
citizens  in  the  several  States. 

Eesolved,  That  the  emissary  sent  by  the  State  of  Massachusetts  to 
the  State  of  South  Carolina,  with  the  avowed  purpose  of  interfering 
with  her  institutions  and  disturbing  her  peace,  is  to  be  regarded  in  the 
character  he  has  assumed,  and  to  be  treated  accordingly. 

Resolved,  That  his  Excellency  the  Governor  be  requested  to  expel 
from  our  territory  the  said  agent,  after  due  notice  to  depart;  and  that 
the  Legislature  will  sustain  the  Executive  authority  in  any  measures  it 
may  adopt  for  the  purpose  aforesaid. 

The  question  was  then  put,  Will  the  House  agree  to  the  report  ?  and 
it  passed  in  the  affirmative — Yeas,  117 ;  nays,  1. 

The  yeas  and  nays  were  requested,  and  are  as  follows : 

THOSE  wno  VOTED  IN  THE  AFFIRMATIVE  ARE  :  Hon.  William  F.  Colcock 
(Speaker)  and  Messrs.  J.  A.  Alston,  W.  J.  Alston,  Barnes,  Bauskett, 
Beckham,  Bedon,  Bethea,  Joseph  A.  Black,  Wm.  C.  Black,  Blakeney, 
Brooks,  Brown,  Broyles,  Bull,  Burrows,  Calhoun,  Cannon,  Carew,  Cam, 
Chandler,  Chesnut,  Cooper,  Crawford,  Dessaussure,  Dickinson,  J.  G.  W. 
Duncan,  P.  E.  Duncan,  Ellerbe,  English,  Ervin,  Fair,  Fraser,  Gowin, 
Gary,  Geddes,  Geiger,  Gibbes,  Giles,  Griffin,  Grimball,  Haigler,  Hardee, 
Hardin,  Edwd.  Harleston,  John  Harleston,  Harlee,  Herbert,  Henry, 
Herndon,  Heyward,  Holland,  Hough,  Huger,  Hunt,  Irby,  Jamison,  John 
son,  J.  II.  King,  H.  S.  King,  Lartigue,  Littlejohn,  Lucas,  McCarthy, 
McCully,  McMichael,  McMullan,  Manning,  Maxwell,  Mayes,  Means, 
Middleton,  Miller,  Mills,  Moody,  Mordecai,  Noble,  Northrop,  O'Hanlon, 
Orr,  E.  G.  Palmer,  P.  P.  Palmer,  Perrin,  Phillips,  Pinckney,  Pope,  Porter, 
Poyas,  Pressly,  Read,  Rodgers,  Sebring,  Seymour,  Shingler,  W.  Gilm. 
Simms,  Simons,  E.  P.  Smith,  Henry  Smith,  Joel  Smith,  Snowden,  Strob- 
hart,  Stuart,  Torre,  Traylor,  Jas.  M.  Walker,  Tandy  Walker,  Wallace, 
Ware,  Watson,  Whaley,  Chas.  Williams,  G.  W.  Williams,  Wilson,  Win- 
gard,  Yates,  and  Zimmerman. 

IN  THE  NEGATIVE  :  Mr.  Memminger. 

The  report  was  then  ordered  to  be  sent  to  the  Senate  for  concur 
rence. 

In  1846,  pending  the  discussion  in  Congress  with  regard  to 
the  negotiation  of  peace  with  Mexico,  David  Wilmot,  a  Dem 
ocratic  member  from  Pennsylvania,  brought  forward  his 
celebrated  proviso,  that  "  as  an  express  and  fundamental 
condition  to  the  acquisition  of  any  territory  from  the  re 
public  of  Mexico  by  the  United  States,  by  virtue  of  any 


192  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

treaty  to  be  negotiated  between  them,  neither  slavery  nor 
involuntary  servitude  shall  ever  exist  except  for  crime, 
whereof  the  party  shall  be  first  duly  convicted."  The 
"  proviso"  was  defeated  by  a  small  majority  in  the  United 
States  Senate.  Yet  on  the  termination  of  the  Mexican  war 
the  practical  question  involved  in  the  Wilmot  proviso, 
whether  the  introduction  of  slavery  should  be  allowed  or 
prohibited  in  the  territories  acquired  from  Mexico,  became 
of  prominent  interest. 

The  attention  of  the  people  of  South  Carolina  was  drawn 
to  these  matters  year  after  year  in  the  messages  of  the  Gov 
ernors  of  the  State  to  the  General  Assembly,  and  as  often  a 
report  from  the  Committee  on  Federal  Relations  would  bring 
a  protest  in  the  form  of  resolutions  against  these  procedures 
as  being  in  flagrant  violation  of  the  provisions  of  the  Fed 
eral  Constitution  and  insulting  to  the  dignity  of  the  State. 
The  same  feeling  of  indignation  pervaded  each  of  the  slave- 
holding  States  and  manifested  itself  in  varied  forms  of  pub 
lic  expression.  In  Mississippi  where  the  zeal  of  the  aboli 
tionists  had  introduced  emissaries  who  induced  the  negroes 
to  leave  their  masters  and  seek  an  asylum  in  the  free  States, 
public  meetings  were  held,  and  finally  a  convention  of  the 
people  assembled  in  1848  to  consider  what  measures  to 
adopt  in  order  to  protect  their  property  and  secure  the 
rights  of  the  slave  States.  This  convention  issued  an  ad 
dress  to  the  people  of  the  several  Southern  States  and  in 
vited  them  to  send  delegates  to  a  convention  to  be  convened 
at  Nashville  "  to  consult  in  common  upon  common  rights 
with  the  view  to  unity  of  action."  Accordingly  a  conven 
tion  of  delegates  from  a  few  of  the  States  did  assemble  at 
Nashville  in  the  autumn  of  1849,  and  issued  an  address  to 
the  people  of  the  several  slave-holding  States,  calling  upon 
them  to  meet  through  delegates  in  a  congress  with  the  view  of 
adopting  such  measures  as  would  arrest  further  aggressions, 


SECESSION  MOVEMENT  OF  1852.  193 

and  if  possible  restore  the  constitutional  rights  of  the  South, 
and  to  recommend  some  provision  for  their  future  safety 
and  independence. 

The  people  of  California  had  framed  a  constitution  pro 
hibiting  slavery  which  was  presented  to  Congress  early  in 
the  session  of  1850,  with  a  petition  praying  the  admission 
of  that  territory  as  a  State.  This  petition  at  once  provoked 
an  exciting  debate  in  both  Houses  of  Congress.  The  South 
ern  or  slave-holding  section  demanded  the  rejection  of  Cali 
fornia  and  an  amendment  to  the  Constitution  that  should 
equalize  the  political  power  of  the  free  and  slave  States. 
The  question  became  still  more  complicated  by  a  claim 
brought  forward  by  Texas  to  a  boundary  line  that  would  in 
clude  a  large  part  of  the  territory  of  New  Mexico,  and  also 
by  the  application  of  New  Mexico  for  admission  into  the 
Union  as  a  State.  After  a  stormy  debate  a  compromise  was 
proposed  by  Mr.  Clay  in  the  Senate,  which,  after  a  long  dis 
cussion,  was  finally  adopted.  Under  the  provisions  of  this 
compromise  California  was  admitted  as  a  free  State,  terri 
torial  governments  were  framed  for  New  Mexico  and  Utah 
without  excluding  slavery,  but  leaving  its  exclusion  or  admis 
sion  to  a  popular  vote  of  those  residing  in  these  territories. 
The  boundary  line  of  Texas  was  established,  and  the  slave 
trade  prohibited  in  the  District  of  Columbia.  A  stringent 
law  was  also  enacted  for  the  arrest  and  return  of  fugitive 
slaves.  This  compromise  was  by  no  means  satisfactory  to 
the  people  of  the  South,  nor  was  it  quietly  acquiesced  in  by 
their  representatives  in  Congress.  Ten  of  the  senators  from 
the  Southern  States,  including  Senators  Mason  and  Hunter, 
of  Virginia,  Soule,  of  Louisiana,  and  Jefferson  Davis,  of  Mis 
sissippi,  published  a  protest  against  the  admission  of  Cali 
fornia  after  the  vote  was  taken.  The  "Free-Soil"  or  aboli 
tion  party  at  the  North,  appeared  to  be  equally  dissatisfied. 

In  convention  they  denounced  the  concessions  to  Texas  and 
13 


194  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

the  refusal  to  prohibit  slavery  in  New  Mexico  and  Utah, 
and  declared  the  fugitive  slave  law  "  unconstitutional,  im 
moral  and  cruel"  The  excitement  which  these  proceedings 
in  Congress  provoked  in  Washington  city  spread  through 
out  the  country.  The  manifest  intention  of  the  Free-Soil 
party  to  inaugurate  a  crusade  against  slavery,  and  the  ani 
mus  evidenced  by  their  representatives  in  Congress,  had 
caused  the  Legislature  of  South  Carolina,  at  the  session  of 
1849,  to  request  the  Governor  to  convene  the  Legislature,  if 
not  in  session,  in  the  event  that  any  measure  should  be 
passed  by  Congress  containing  the  provisions  of  the  Wilmot 
proviso. 

Such  was  the  condition  of  the  public  mind  when  the  Gen 
eral  Assembly  of  South  Carolina  convened  on  the  25th  of 
November,  1850.  At  the  opening  of  this  session  Governor 
Seabrook,  in  his  message  calling  attention  to  these  matters, 
uses  the  following  language: 

At  my  recommendation,  and  in  pursuance  of  your  own  conceptions  of 
duty,  it  was  resolved,  at  your  last  session,  that  the  Governor  be  requested 
to  convene  the  Legislature,  if  not  in  session,  should  the  Wilmot  proviso 
or  any  kindred  measure  be  passed  by  Congress.  As  the  contingency  to 
which  the  resolution  had  reference  occurred  in  September,  a  profound 
respect  for  the  Executive  Department  of  the  Government,  and  the  hon 
orable  body  by  whose  mandate  I  was  called  to  fill  it,  induce  me  to  say 
in  general  terms  that  public  considerations  of  a  grave  and  weighty 
character  forbade  me  from  acceding  to  the  wish  of  the  Legislature. 
Independent  of  the  semi-official  reasons  for  this  refusal,  which  have  been 
communicated  to  our  fellow-citizens,  there  were  others  that,  could  they 
have  been  made  generally  known,  would  in  my  judgment  have  entirely 
appeased  the  public  feeling.  I  am  gratified  in  being  enabled  to  assure 
you  that  the  correctness  of  my  decision  has  been  almost  unanimously 
sustained  by  the  people. 

The  last  meeting  of  the  Congress  of  the  United  States  was  the  most 
eventful  and  disturbing  that  has  been  held  since  the  establishment  of 
the  Federal  government.  After  many  years  of  unwarrantable  legisla 
tion  by  that  body,  a  crisis  has  at  length  arisen  in  our  federal  relation 
affecting  deeply  and  essentially  the  rights  and  interests  of  one-half  the 
Union.  Whether  the  endangered  States  should  longer  hold  an  equality 
pf  rank  with  their  co-partners,  and  their  citizens  be  prohibited  from 


'SECESSION  MOVEMENT  OF  1852.  195 

enjoying  all  the  advantages  and  privileges  constitutionally  guaranteed 
to  both,  were  virtually  the  momentous,  and  to  us  humiliating,  issues 
which  the  legislative  branch  of  the  central  authority  was  engaged  in 
considering  for  about  nine  of  the  ten  months  in  which  it  was  in  session. 
The  "compromise,"  ultimately  adopted, I  consider  another  triumph  over 
the  South  by  the  fell  spirit  of  abolitionism.  .... 

Although  the  mind  of  our  community  has  not  been  prepared  by  pub 
lic  discussion,  or  perhaps  private  interchange  of  views  on  the  subject,  yet 
it  is  my  deliberate  opinion  that  the  period  has  arrived  for  the  removal 
from  the  State  of  every  free  colored  person  who  is  not  the  owner  of  real 
estate  or  slave  property.  This  population  is  not  only  a  non-productive 
class,  but  it  is,  and  always  has  been,  essentially  corrupt  and  corrupting. 
Their  longer  residence  among  us,  if  the  warfare  between  the  North  and 
South  is  to  continue,  will  eventually  generate  evils  very  difficult  of 
eradication.  Possessing  in  an  unlimited  degree  the  right  of  locomotion, 
they  can,  in  person,  bear  intelligence  in  a  day  from  one  section  of  the 
State  to  another,  or  through  the  post-office  mature  their  own  plans  of 
villainy,  as  well  as  execute  orders  emanating  from  foreign  sources. 
There  is,  indeed,  too  much  reason  to  believe  that  at  this  moment  they 
are  made  to  occupy  the  situation  of  spies  in  our  camp  and  to  disseminate 
through  the  entire  body  of  our  slave  population  the  poison  of  insubordi 
nation  prepared  in  the  great  laboratory  of  Northern  fanaticism. 

The  aggressive  course  of  our  Federal  rulers,  and  the  States  and  peo 
ple  of  the  North,  had  at  an  earlier  period  assumed  so  alarming  an  aspect 
that  by  invitation  of  Mississippi  to  the  slave-holding  States  nine  of  their 
number  assembled  at  Nashville  in  May  last  for  consultation  concerning 
the  means  of  saving  the  Union  by  preserving  inviolate  the  principles 
and  guaranties  of  the  Constitution.  Over  the  deliberations  of  that  au 
gust  council,  composed  largely  of  the  talent  and  patriotism  of  the  land, 
the  spirit  of  harmony  presided.  In  demanding  the  protection  of  rights, 
jeopardized  by  the  unfraternal  acts  of  their  own  countrymen,  they  ap 
pealed  to  their  sense  of  justice  and  the  endearments  of  family  associa 
tion,  the  plain  terms  of  the  bond  that  united  them,  the  ennobling  and 
proud  recollections  of  the  past,  and  the  glorious  anticipations  of  the 
future.  The  result  has  shown  that  the  authorities  and  people  whom 
they  addressed  are,  in  feeling  and  sentiment,  alien  to  us  their  political 
allies,  and  that  the  North  have  resolved  on  possessing  the  unlimited  and 
permanent  control  of  our  civil  institutions. 

To  operate  on  the  fears  of  the  minority  section,  and  expose  the  sup 
posed  hopelessness  of  its  condition,  the  President  had  voluntarily  pro 
mulgated,  in  advance,  his  fixed  determination  to  settle  by  the  sword  a 
disputed  question  between  the  general  government  and  a  sovereign 
member  of  the  Union.  In  following  the  inglorious  precedent  established 
by  one  of  his  predecessors,  the  principle  was  maintained  that  State  re- 


196  LIFE    AND  TIMES  OF  C.  G.  MEMMINGER. 

sistance  to  a  congressional  edict  would  by  him  be  classed  among  the  un 
reflecting  acts  of  a  mob,  or  the  more  deliberate  opposition  of  a  band  of 
organized  individuals  to  admitted  lawful  authority. 

It  is  foreign  to  my  purpose  to  speak  elaborately  of  matters  that  have 
of  late  been  so  painfully  brought  to  your  notice.  California  created  a 
State  by  Congress,  was  admitted  into  the  confederacy  against  all  prece 
dent,  and  in  violation  of  the  laws  and  Constitution  of  the  country.  It 
was  a  premeditated  insult  and  injury  to  the  slave-holding  States,  and  a 
wanton  assault  upon  their  honor.  In  the  act  abolishing  the  slave  trade 
in  the  District  of  Columbia,  the  right  of  punishing  the  owner  by  manu 
mitting  his  slaves  is  prominent  among  its  provisions.  By  this  bold  and 
successful  attempt  to  engraft  abolitionism  on  the  principles  of  our  polit 
ical  system,  a  power  has  been  assumed,  which,  by  expansion,  may  yet 
clothe  the  entire  federal  community  in  the  habiliments  of  mourning. 
These  and  other  willful  perversions  of  a  high  trust  have  virtually  abro 
gated  the  powers  necessary  to  the  safety  of  the  sovereignty  of  the  States. 
The  whole  authority  of  the  Federal  government,  granted  and  usurped, 
which  is  now  concentrated  in  the  will  of  an  absolute  and  interested 
majority,  is  hereafter  to  be  wielded  for  the  exclusive  benefit  of  the 
Northern  or  stronger  interests.  To  its  ambition  and  cupidity  fifteen 
.members  of  the  Constitutional  compact,  by  whose  wealth  the  govern 
ment  is  supported  and  our  confederates  enriched,  are  to  be  compelled 
jgnominiously  to  minister.  In  a  word,  the  Congress  of  the  United 
States  is  no  longer  to  be  the  executor  of  the  will  of  co-sovereign  States, 
but  of  a  party  banded  together  by  the  two-fold  incentive  of  sectional 
aggrandizement  and  public  plunder.  If  the  fundamental  objects  of  our 
federative  system  have  been  designedly  perverted,  there  is  no  remedy 
in  the  ordinary  checks  on  power.  The  ballot-box  is  ineffectual,  and 
the  press  powerless  in  its  appeals  to  an  oppressor  deaf  to  entreaty, 
to  argument  and  the  admonitions  of  humanity  and  patriotism.  In 
Federal  council  it  is  certain  that  the  voice  of  the  minority  will  never 
again  be  heeded.  By  a  slow,  cautious,  but  regular  process,  the  rights 
of  the  people  and  the  sovereignty  of  the  Southern  States  will  be 
curtailed  until  their  total  extinguishment  is  effected.  By  multiply 
ing  the  number  of  free  States,  resisting  all  attempts  to  enlarge  the 
area  of  the  slave-holding  community,  and  discriminating  between  the 
rights  of  Northern  and  Southern  persons  and  property,  another  de 
cade  will  not  have  passed  before  the  general  government  will  enforce 
edicts,  greater  in  their  results  on  human  liberty  and  the  progress  of 
political  enlightenment,  than  ever  emanated  from  the  worst  forms  of 
despotism.  Before  that  period  arrives,  the  existence  of  South  Carolina 
as  co-partner  in  a  great  commonwealth  will  have  ceased.  Merged  in 
the  limits  of  contiguous  provinces,  the  truthful  memorials  of  her  history 
will  lie  scattered  over  her  hills  and  valleys.  On  the  printed  page  the 


SECESSION  MOVEMENT  OF  1853.  197 

tale  of  her  origin  and  progress  may  be  found,  but  the  real  causes  and 
manner  of  her  political  extinction  will  never  there  be  read. 

The  North  and  South  differ  fundamentally  in  institutions,  and  from 
the  frame-work  of  their  social  organization,  they  need  different  laws. 
While  a  strong  government  with  all  the  appliances  of  extensive  patron 
age  is  necessary  to  the  former,  a  mild  and  equal  system  of  legal  re 
straints  is  required  by  the  latter.  The  restriction  on  foreign  commerce 
is  a  policy  of  the  one,  free  trade  that  of  the  other.  The  North  is  from 
necessity  a  commercial  and  manufacturing  people,  the  South  an  agri 
cultural  community.  While  the  former  seeks  an  enlargement  of  the 
powers  of  the  Federal  government,  in  order  to  enable  it  to  profit  by  the 
wealth  of  the  producing  States,  the  latter,  impelled  by  the  principle  of 
self-preservation,  strives  to  confine  the  common  agent  within  well  de 
fined  and  narrow  bounds. 

In  the  one  section  capital  and  labor  are  theoretically  equal,  but  from 
influences  perhaps  incapable  of  controlment,  they  are  practically  antag 
onistic;  in  the  other,  capital  is  superior  to  labor,  and  the  relation  be 
tween  them  is  a  moral  one.  The  character  and  interests  of  each  insure 
the  harmonious  action  of  both  in  all  their  operations.  These  discordant 
materials  in  our  federal  structure  are  mainly,  if  not  exclusively,  refera 
ble  to  the  positions  respectively  assigned  the  parties  by  nature.  Such 
is  the  adverse  tendency  of  that  position  in  relation  to  one  of  them — the 
larger  section — that  it  seems  to  be  an  imperative  duty  on  its  part  to 
promote,  under  the  pretence  of  the  general  welfare,  the  success  of  meas 
ures  purely  sectional  in  their  application. 

This  obstinately  perverse  proclivity  is  in  reality  in  strict  obedience 
to  a  political  law,  the  offspring  of  the  moral  obliquity  of  the  human 
heart.  The  lesser,  numerically,  and  richer  interests,  has  always  been 
the  subject  of  plunder  by  the  greater  and  poorer  interest.  It  is  his 
torically  true,  moreover,  that  in  every  confederacy  where  the  principle 
of  the  concurrent  majority  is  not  practically  recognized,  the  centri- 
petral  is  stronger  than  the  centrifugal  tendency  of  the  parties;  fur 
ther,  that  in  the  legislative  branch  of  the  government  all  usurpa 
tions  generally  commence  and  are  ultimately  acquiesced  in  by  the 
other  departments.  In  relation  to  our  Federal  institutions,  the  Con 
stitution  in  its  most  important  provisions,  has  in  effect  been  so  es 
sentially  changed,  that  the  Union  created  by  it  no  longer  exists.  Its 
guaranties  from  the  revolution  which  has  been  practically  accom 
plished  over  us  have  been  overthrown,  and  a  consolidated  govern 
ment  having  its  discretion  and  will  as  the  measure  of  its  powers,  is  now 
the  government  of  the  Union.  Every  compromise  too  into  which 
the  South  has  entered,  including  the  compromises  incorporated  yi  the 
great  charter  of  the  public  liberties,  has  been  utterly  disregarded.  By 
legislative  devices,  our  people  now,  as  heretofore,  are  not  only  in  effect 


198  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

despoiled,  of  the  profits  of  their  industry,  but  their  contributions  to  the 
public  purso  continue  to  be  expended  in  unjust  proportions,  to  further 
the  interests  of  their  revilers  and  sappers  of  their  domestic  altars. 
While  by  congressional  enactments  the  North  in  the  various  branches 
of  industry  have  been  forced  into  a  condition  of  unexampled  wealth 
and  power,  the  advancement  of  the  South,  so  prodigally  furnished  by 
nature  with  all  the  elements  of  prosperity  and  greatness,  has  occupied 
a  position  far  below  that  it  would  have  reached  had  the  confederation 
been  composed  of  one  people  in  interest  and  feeling.  The  North  and 
South,  in  the  palmy  days  of  the  Republic,  both  reverenced  and  loved 
the  Union  for  the  immeasurable  blessings  it  insured.  Unhappily  it  is 
now  maintained  by  the  former  to  effectuate  its  long-cherished  design — 
the  disfranchisement  and  degradation  or  the  latter. 

If  asked  for  the  evidence  of  these  grave  accusations  against  the  gov 
ernments  and  people,  whose  support  and  friendship  we  once  so  dearly 
valued,  I  point  with  grief  of  heart  to  the  often  perpetrated  or  attempted 
encroachments  by  Congress  on  the  reserved  rights  of  the  States;  the 
incendiary  resolutions  of  State  legislatures;  the  sweeping  denuncia 
tions  emanating  from  different  associations,  formed  for  the  special  end 
of  carrying  throughout  our  borders  the  torch  of  insurrection ;  the  bit 
ter  and  vindictive  feelings  of  the  press,  the  bar,  and,  I  may  add,  the 
pulpit;  the  inflammatory  harangues  at  popular  meetings;  the  actual 
robbery  of  millions  of  our  slave  property  by  emissaries,  not  only  with 
out  an  effort  by  the  Northern  State  governments  to  enforce  the  prcH 
visions  of  the  Constitution  concerning  fugitives  "held  to  labor,"  but  by 
the  authority  of  law  and  the  force  of  public  opinion  encouraging  and 
sustaining  these  fanatical  exhibitions  of  public  sentiment;  the  annihi 
lation,  at  a  blow,  of  the  principle  of  State  equality,  by  the  exclusion  of 
one-half  the  citizens  of  the  confederacy  from  all  participation  in  the 
newly-acquired  domain ;  the  violation  of  a  great  sectional  compromise 
by  the  dismemberment  of  a  Southern  member  of  the  Union,  in  order,  at 
a  convenient  season,  to  carve  from  its  bosom  a  free  and  hostile  State; 
in  fine,  the  unceasing  assaults  upon  the  character  of  the  slave-holder  by 
all  classes,  in  public  and  in  private,  as  an  enemy  to  God  and  man — as 
unworthy  of  a  seat  at  the  table  of  the  Lord,  or  to  enjoy  as  co-partners 
the  noblest  bequest  ever  inherited  by  freemen.  The  ultimate  object  of 
this  consentaneous  movement,  in  which  governments  and  people  are 
the  actors,  is  the  emancipation  of  the  negro  throughout  the  region  in 
which  he  is  constitutionally  held  as  property,  although  its  execution 
may  consign  to  the  same  grave  the  master  and  the  slave,  and  spread 
desolation  over  their  common  home. 

"While  I  rejoice  in  the  conviction  that  a  large  number  of  individuals 
at  the  North  do  entertain  conservative  opinions  on  the  matter  of  slave 
property,  and  whose  voice  is  occasionally  heard  in  the  uproar  of  the 


SECESSION'  MOVEMENT  OF  1852.  199 

waters  of  strife,  yet,  overawed  by  the  impetuosity  df  the  torrent  which 
is  perhaps  destined  to  overwhelm  the  land,  they  involuntarily  shrink 
from  the  task  of  attempting  to  stay  its  progress.  The  instances  are 
rare  in  which,  where  the  effort  has  been  made,  deprivation  of  office,  or 
other  mark  of  displeasure  and  rebuke,  did  not  quickly  follow.  This  of 
itself,  if  proof  were  needed,  proclaims  the  deep-seatedness  and  all-per 
vading  character  of  the  disease  which  affects  the  body  politic  of  that 
extensive  and  populous  region. 

For  about  one-third  of  her  political  existence  South  Carolina  has 
presented  an  almost  uninterrupted  scene  of  disquietude  and  excite 
ment,  under  the  provocation  of  contumelies  and  threats  poured  from  a 
thousand  tongues  and  in  forms  the  most  offensive.  During  that  period 
it  may  with  truth  be  affirmed  that  the  public  mind  has  not  for  a  year 
been  free  from  the  most  painful  solicitude.  Peace  indeed  has  long  fled 
from  our  borders,  and  discontent  and  alarm  are  everywhere  present. 
Better,  far  better,  it  would  have  been,  for  the  South  to  engage  in  deadly 
conflict  with  the  North,  than  to  have  endured  the  torturing  anxiety  of 
an  anomalous  struggle,  the  consequences  of  which  are  beyond  the  ken 
of  human  prescience.  An  open  war  is  limited  by  the  causes  which  pro 
duce  it,  but  the  further  continuance  of  such  a  war — political,  religious, 
and  social — as  has  been  waged  by  one  party  against  the  other,  and  in 
which  a  strictly  defensive  attitude  has  unwaveringly  been  preserved  by 
the  weaker,  would  falsify  and  dishonor  the  history  of  the  Anglo-Saxon 
race.  Whatever  may  be  said  by  the  demagogue  and  the  fanatic,  it  is 
our  pride  and  high  privilege  to  declare  that  the  unexampled  forbear 
ance  of  the  South  is  referable  solely  to  its  unaffected  devotion  to  the 
compact  of  '89  and  the  principles  of  constitutional  liberty. 

As  soon  as  the  message  of  Governor  Seabrook  had  been 
read  to  the  House,  Mr.  Memminger  offered  the  following 
resolutions,  which  were  ordered  to  be  considered  imme 
diately,  and  were  agreed  to: 

Whereas,  it  becomes  a  Christian  people  at  all  times  to  look  to  the 
King  of  kings  for  guidance,  but  more  especially  in  seasons  of  trial  and 
difficulty;  and,  whereas,  the  enactments  of  the  last  Congress  of  the 
United  States  have  destroyed  the  equal  rights  of  the  Southern  States, 
have  invaded  the  peace  and  security  of  our  homes,  and  must  lead  to  an 
overthrow  of  the  existing  order  of  things;  therefore, 

Resolved,  That  we  recommend  to  the  people  of  South  Carolina  to  set 
apart  Friday,  the  6th  of  December,  as  a  day  of  fasting  and  humiliation, 
and  that  the  reverend  clergy  throughout  the  State  be  invited  to  assem 
ble  their  respective  congregations  on  that  day  to  unite  in  prayer  to 
Almighty  God  that  He  may  direct  and  aid  this  General  Assembly  in 


200  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

devising  such  means  as  will  conduce  to  the  best  interests  and  welfare  of 
our  beloved  State. 

2.  Eesolved,  That  religious  services  and  a  sermon  appropriate  to  the 
occasion  be  had  in  the  hall  of  the  House  of  Representatives,  and  that 
a  fitting  clergyman  be  invited  to  officiate. 

3.  Resolved,  That  a  committee  of  three  be  appointed  on  the  part  of 
this  House,  and  that  a  message  be  sent  to  the  Senate  proposing  the 
appointment  of  a  like  committee  to  meet  the  committee  of  this  House, 
for  the  purpose  of  carrying  into  effect  these  resolutions. 

No  one  could  have  more  fully  appreciated  the  momentous 
character  of  the  proceedings,  which  Mr.  Memminger  knew 
would  make  this  session  of  the  Legislature  the  most  impor 
tant  of  the  many  in  which  he  had  served  as  the  faithful 
representative  of  an  intelligent  constituency.  He  was  not 
recognizing  a  mere  form,  or  was  he  simply  respecting  a  cus 
tom  among  Christian  people,  when  he  offered  the  foregoing 
preamble  and  resolutions.  As  a  sincere  Christian  believer — 
one  who  all  through  his  life  feared  God,  who  accepted  the 
Bible  as  His  revealed  will,  and  who  trusted  in  His  omniscient 
care  and  mercy,  he  desired  His  divine  guidance  under  cir 
cumstances  which  manifestly  threatened  the  peace  of  the 
country  and  the  happiness  of  his  people. 

The  sermon  referred  to  in  these  resolutions  was  delivered 
by  the  Rev.  Whiteford  Smith,  D.  D.,  an  eloquent  and  learned 
clergyman  of  the  Methodist  Church.  It  must  have  been  a 
discourse  of  great  power,  so  fully  meeting  the  suggestions  of 
the  occasion  that  by  a  resolution  of  the  House  twenty-five 
thousand  copies  were  ordered  to  be  printed. 

At  no  time  in  the  previous  history  of  the  State,  unless  it 
be  that  in  which  the  Nullification  measures  were  under  dis 
cussion,  was  there  a  more  wide-spread  or  a  deeper  feeling  of 
resistance  to  the  action  of  Congress  and  the  procedures  of 
the  abolitionists,  as  the  adherents  of  the  Free-Soil  party  were 
generally  known. 

Secession  from  the  Union  was  not  only  freely  discussed 
as  a  right,  but  it  was  now  demanded  by  its  advocates  as  the 


SECESSION  MOVEMENT  OF  1852.  201 

only  remedy  for  existing  grievances.  The  large  majority  of 
the  people  did  not  deny  the  right,  and  were  only  divided 
among  themselves  as  to  the  expediency  of  asserting  it  by  the 
separate  action  of  the  State.  Those  who  were  the  advocates 
of  immediate  and  separate  State  action,  from  the  vehement 
and  fiery  appeals  made  by  them  to  the  people,  came  to  be 
known  as  "  Fire-Eaters. "  They  wished  to  dissolve  at  once 
all  connection  with  the  Federal  Union  and  declare  South 
Carolina  an  independent  republic.  There  was  a  larger  and 
more  conservative  class  of  citizens,  who,  while  they  admit 
ted  the  grievances  complained  of  and  did  not  deny  the  right 
of  the  State  to  withdraw  from  the  Union  and  assume  at 
pleasure  a  sovereignty,  which  had  only  been  delegated,  yet 
they  were  opposed  to  the  policy  of  separate  State  action  as 
being  inexpedient  and  unwise.  They  desired  the  Southern, 
or  slave-holding  States,  to  act  together,  united  in  a  common 
cause  and  impelled  by  a  common  interest.  There  was  also 
a  small  party  who  were  for  preserving  the  Union  of  the 
States  under  any  and  all  circumstances — men,  who,  like 
Mr.  Petigru,  believed  that  the  Union  was  stronger  than 
slavery,  and  that  there  could  be  no  remedy  for  the  evils 
they  recognized  to  exist  outside  of  the  compromise  legisla 
tion  of  Congress.  These  had  generally  been  Federalists  and 
Whigs,  but  were  now  known  as  Unionists. 

The  address  to  the  people  of  the  Southern  States  issued 
by  the  Mississippi  Convention,  and  the  call  for  a  Southern 
Congress  made  by  the  convention  at  Nashville,  produced  a 
great  excitement  throughout  the  country.  There  was  scarcely 
a  meeting  of  the  people  held  for  any  purpose  but  reference 
was  made  to  the  action  of  Congress,  and  the  secession  of  the 
State  either  advocated  or  opposed.  It  may  be  readily  in 
ferred  that  much  of  this  excitement  was  brought  from  the 
hustings  into  the  legislative  assembly  of  1850,  the  delegates 
to-  which  being  chosen  under  the  influences  of  the  debates 


202  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

upon  this  all-absorbing  subject.  Mr.  Memminger  was,  from 
the  deliberate  convictions  of  his  judgment,  opposed  to  sepa 
rate  State  action,  and  was  among  the  leaders  of  the  "  Co-ope 
ration  Party,"  who  hoped  that  in  a  general  Congress  of  the 
Southern  States  there  could  be  such  action  taken  as  would 
remedy  the  grievances  of  which  the  South  had  just  reason 
to  complain,  and  who  deprecated  secession  as  the  sure  means 
of  provoking  civil  war.  He  held,  with  Mr.  Calhoun,  that 
the  relations  existing  between  the  several  States  were  de 
fined  in  the  Constitution  of  the  Union  as  a  compact  of  agree 
ment,  which  one  or  more  might  have  the  right  to  withdraw 
from;  but  that  the  other  States,  as  parties  to  this  compact, 
had  the  right  to  determine  for  themselves  the  question  as  to 
whether  the  seceding  State  or  States  had  sufficient  grounds 
to  withdraw  from  the  compact  of  association,  and  by  coer 
cive  measures,  if  deemed  necessary,  to  force  the  seceding 
State  to  remain  a  party  to  the  co-partnership  or  confedera 
tion  in  the  event  that  they  should  determine  that  the  com 
pact  had  been  broken  without  just  and  sufficient  cause.  In 
other  words,  that  while  secession  from  the  Union  was  a  right, 
it  was  a  revolutionary  right,  and,  under  the  circumstances 
then  investing  the  State  of  South  Carolina,  would  result  in 
war.  Assured  of  this,  the  question  of  grave  consideration 
with  Mr.  Memminger  was,  is  the  State  ready  to  meet  the 
consequences  of  secession?  is  South  Carolina  prepared  in 
resources  to  maintain  her  right  of  secession  if  it  should  be 
resisted? 

Believing  that  in  a  Congress  of  the  Southern  States  such 
measures  could  be  instituted  as  would  bring  about  either  an 
adjustment  of  the  causes  of  complaint  or  secure  the  co-ope 
ration  of  all  of  the  Southern  States  in  the  act  of  secession, 
Mr.  Memminger,  at  an  early  period  in  the  discussion  of  the 
bill  to  call  a  convention  of  the  people,  introduced  the  fol 
lowing  preamble  and  order: 


SECESSION  MOVEMENT  OF  1852.  203 

Whereas  the  convention  of  the  slave-holding  States  lately  held  in 
Nashville  hath  recommended  the  meeting  of  a  Southern  Congress;  and, 
whereas,  the  State  of  Mississippi  hath  taken  such  action  thereupon  as 
will  necessarily  postpone  the  meeting  of  said  Congress  beyond  the  day 
appointed  by  the  Constitution  for  the  reassembling  of  this  General  As 
sembly  in  November  next;  and,  whereas,  it  is  proper  that  the  meeting 
of  the  Southern  Congress  should  precede  any  action  of  a  convention  of 
the  people  of  this  State;  therefore,  it  is  ordered,  That  the  further  con 
sideration  of  the  bill  before  this  House  providing  for  the  call  of  a  con 
vention  of  the  people  of  this  State,  be  postponed  until  the  Monday  next 
ensuing  the  first  day  of  the  session  of  this  General  Assembly  in  Novem 
ber  next. 

This  order  was  not  agreed  to,  the  vote  being  forty-seven 
to  seventy-four.  It  now  became  manifest  that  the  House 
was  determined  to  call  a  convention.  Several  bills  having 
this  object  in  view  and  providing  for  the  election  of  delegates 
to  a  Southern  Congress  were  introduced  and  discussed  at 
length.  Finally  these  were  all  embodied  in  a  substitute 
presented  by  Mr.  James  H.  Campbell,  providing  for  the 
appointment  of  a  certain  number  of  delegates  by  the  Legis 
lature,  and  the  election  of  others  by  the  people,  who  should 
represent  South  Carolina  in  a  convention  or  congress  to  be 
held  at  such  time  and  place  as  the  States  desiring  to  be  rep 
resented  may  designate;  and,  furthermore,  providing  for  a 
convention  of  the  people  of  South  Carolina,  at  Columbia,  at 
such  time  as  the  Governor  may  appoint. 

Upon  the  adjournment  of  the  Legislature  the  all-absorbing 
subject  brought  before  the  people  was  that  of  secession. 
Candidates  were  soon  announced  for  the  office  of  delegate  to 
the  Southern  Congress,  and  the  issue  fairly  made  as  to 
whether  South  Carolina  should  withdraw  from  the  Union 
alone,  or  wait  until  she  could  secure  the  co-operation  of  her 
sister  Southern  States.  •  There  had  never  been  known  so 
great  an  excitement  among  the  people  of  the  State.  Mass 
meetings  of  citizens  were  held  in  the  several  districts,  and 
the  people  addressed  at  length  by  speakers  who  were  either 
secessionists  or  co-operationists.  At  the  solicitation  of  the 


204  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

Conservative  party  at  Greenville  and  at  Pendleton,  Mr. 
Memminger  visited  these  places  in  the  spring  and  summer 
of  1851,  delivering  at  each  place  an  address,  which  was  con 
strued  by  the  extreme  Secessionists  as  being  in  advocacy  of 
separate  State  action.  Considering  that  the  reports  of  these 
addresses  were  misrepresentations  of  his  real  convictions,  on 
his  return  to  Charleston,  in  the  month  of  September,  Mr. 
Memminger  delivered  an  address  at  a  public  meeting  of  the 
friends  of  Co-operation,  called  for  the  purpose  of  nominating 
delegates  to  the  Southern  Congress.  This  address  was  one 
of  great  force,  and  had  much  to  do  in  arresting  the  tide  of 
passion  which  appeared  to  be  bearing  on  its  flood  the  desti 
nies  of  the  State.  Many  copies  of  it  were  printed  by  the 
Executive  Committee  of  the  Co-operation  Party,  and  widely 
distributed  throughout  the  State.  I  reproduce  it  here  as 
presenting  the  state  of  feeling  not  only,  but  as  giving  to  the 
reader  the  argument,  which  was  then  strong  enough  to  over 
come  the  advocates  of  separate  and  immediate  State  action. 

Fellow  Citizens, — I  rise  to  move  the  adoption  of  the  address  and  nomi 
nation  which  has  just  been  submitted.  I  rejoice  that  the  committee 
have  united  in  recommending  two  gentlemen,  so  well  known  to  us,  by  a 
life  of  public  service  and  of  devotion  to  the  public  interest.  In  the  stake 
which  they  have  in  the  community,  and  in  their  common  sympathies 
and  opinions,  we  feel  they  are  thoroughly  united  with  us,  and  to  their 
integrity  and  zeal  for  the  public  good,  we  can  safely  entrust  our  dear 
est  interests. 

It  may  not  have  occurred  to  all  who  hear  me  that  this  election  is  of 
great  importance  to  our  State.  Casual  observation  might  lead  to  the 
belief  that  inasmuch  as  this  Congress  will  probably  never  meet,  it  is 
useless  to  make  any  selection  as  to  the  men  who  are  to  be  its  nominal 
members.  But  let  it  be  borne  in  mind  that  a  convention  of  the  people 
of  this  State  has  been  ordered  by  the  Legislature,  which  will  probably 
meet  before  any  further  expression  can  be  had  of  the  public  voice.  The 
delegates  to  this  convention  have  been  elected  by  a  mere  fragment  of 
the  people,  at  a  time  when  they  were  not  aware  of  the  momentous 
issues  before  them.  This  convention  will  undertake  to  decide  the 
gravest  question  ever  brought  before  a  people,  namely— the  change  of 
the  whole  frame-work  of  government ;  and  not  only  this,  but  the  equally 


SECESSION  MOVEMENT  OF  1852.  205 

grave,  if  not  graver  question,  whether  a  new  nation  shall  take  her  place 
among  the  nations  of  the  world.  Upon  these  great  questions,  which  of 
you  fellow-citizens  had  made  up  your  minds  when  you  voted  for  dele 
gates  ?  Nay,  how  many  of  you  voted  at  all  ?  The  delegates  elected 
represent  about  one-fourth  of  the  voters  of  our  district,  and  many  of 
them  do  not  represent  more  than  three  or  four  hundred  voters  out  of 
three  thousand. 

The  same  small  minorities  elected  delegates  in  nearly  every  district 
in  the  State,  and  a  convention  thus  created  is  about  to  seal  our  destiny. 
The  present  election  furnishes  the  only  probable  opportunity  before  the 
meeting  of  this  convention  for  the  people  to  declare  their  will.  It  has 
been  loudly  asserted  that  a  majority  of  our  people  are  in  favor  of  imme 
diate  secession  from  the  Union,  and  both  parties  have  turned  to  this 
election  to  assertain  the  fact.  You  will  perceive  then  at  once  that  if 
the  advocates  of  secession  elect  the  members  to  the  Southern  Congress, 
it  will  confirm  this  assertion  and  in  all  probability  will  induce  them  to 
carry  out  their  measure  as  speedily  as  the  convention  can  be  assembled. 
You  are,  therefore,  in  fact  now  determining  the  question  whether  South 
Carolina  shall  at  once  secede  alone  from  the  Union. 

In  deciding  this  question  it  is  important  that  all  barriers  should  be 
removed,  which  prevent  you  from  looking  directly  into  its  whole  merits. 
One  of  the  most  formidable  of  these  barriers  is  an  impression  that  the 
State  stands  committed  by  pledges  to  take  separate  action,  which  as 
men  of  honor  her  citizens  are  bound  to  redeem.  Let  us,  therefore,  in  the 
first  place  examine  the  facts,  and  see  how  and  to  what  extent  the  State 
stands  committed. 

TVe  will  go  back  as  far  as  1848,  although  that  date  is  two  years  ahead 
of  the  late  action  of  Congress.  At  the  session  of  the  Legislature  in 
December,  1848,  the  following  report  and  resolutions  contain  the  action 
to  which  the  State  was  pledged : 

[Extracts   from   the  Reports   and  Resolutions,  1818,  p.  147,   Joint  Committee  on  Federal 

Relations.] 

In  the  House  of  Representatives,  December  12,  1848,  the  Joint  Com 
mittee  of  the  Senate  and  House  of  Representatives  upon  Federal  Rela 
tions,  to  whom  were  referred  so  much  of  the  Governor's  message  as  re 
lates  to  the  agitation  of  slavery  and  sundry  resolutions  upon  the  same 
subject,  beg  leave  to  report  the  following  resolutions  as  expressing  the 
undivided  opinion  of  this  Legislature  upon  the  Wilmot  proviso,  and  all 
similar  violations  of  the  great  principle  of  equality,  which  South  Caro 
lina  has  so  long  and  so  ardently  maintained  should  govern  the  action  of 
the  States  and  the  laws  of  Congress  upon  all  matters  affecting  the 
rights  and  interests  of  any  member  of  this  Union., 

Resolved,  unanimously,  That  the  time  for  discussion  by  the  slave- 
holding  States  as  to  their  exclusion  from  the  territory  recently  acquired 


206  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEM. 

from  Mexico  has  passed,  and  that  this  General  Assembly,  representing 
the  feelings  of  the  State  of  South  Carolina,  is  prepared  to  co-operate  with 
her  sister  States  in  resisting  the  application  of  the  principles  of  the  Wil- 
mot  proviso  to  such  territory  at  an^  and  every  hazard. 

Kesolved,  unanimously,  That  the  Governor  be  requested  to  transmit 
a  copy  of  this  report  to  the  Governors  of  each  of  the  States  of  this  Union 
and  to  our  Senators  and  Representatives  in  the  Congress  of  the  United 
States. 

Mark  the  words :  "  South  Carolina  is  prepared  to  co-operate  with  her 
sister  States."  This  is  the  whole  extent  of  our  pledge  in  1S4S. 

In  1849  the  subject  was  brought  before  the  Legislature  by  the  Gov 
ernor,  and  each  house  had  a  report  from  its  own  committee,  and  it  is 
quite  remarkable  that  in  each  separate  report  separate  State  action  is 
not  once  alluded  to,  but  each  recommends  concert  of  action  with  the 
other  States  of  the  South.  Read  the  reports  for  yourselves,  which,  for 
your  information,  I  have  copied  verbatim  from  the  record. 

[Extracts  from  the  Reports  and  Resolutions,  1849,  pp.  312,  313,  314.J 
In  the  Senate,  December  13,  1849 :  The  Committee  on  Federal  Rela 
tions,  to  whom  was  referred  so  much  of  the  message  of  his  Excellency 
the  Governor  as  relates  to  the  recommendation  of  the  people  of  the 
State  of  Mississippi  for  a  convention  of  the  people  of  the  Southern  States, 
to  be  held  in  Nashville  in  June  next,  and  also  so  much  of  the  message  as 
relates  to  convening  the  Legislature  of  this  State  in  the  event  of  the  pas 
sage  by  Congress  of  the  AVilmot  proviso,  or  any  kindred  measure,  beg 
leave  to  report  that  they  cordially  concur  with  the  views  expressed  by 
his  Excellency  the  Governor  as  to  the  necessity  on  the  part  of  the  South 
ern  people  of  a  united  action  against  the  encroachments  upon  their 
domestic  institutions  and  their  condition  of  equality  in  this  confederacy 
by  the  people  of  the  North  and  by  the  Congress  of  the  United  States,  and 
rejoice  with  him  in  the  lofty  and  dignified  position  assumed  by  the  peo 
ple  of  the  State  of  Mississippi  against  any  such  infractions  of  the  compro 
mises  of  the  Constitution,  and  the  appeal  which  she  has  made  to  the  peo 
ple  of  her  sister  States  of  the  South  to  unite  with  her  in  common  counsel 
against  common  aggression.  The  committee  are  of  the  opinion  expressed 
by  this  Legislature,  at  its  last  session,  that  the  period  of  decisive  action 
has  arrived,  and  that  the  authorities  of  South  Carolina  should  be  pre 
pared  promptly  to  take  such  steps  as  the  other  States  of  the  South  shall 
recommend  and  her  own  position  demands.  The  committee,  therefore, 
in  conformity  with  their  own  opinions,  and,  as  they  believe,  with  the 
expressed  and  understood  wishes  of  this  Legislature  and  of  the  people 
of  the  whole  State,  recommend  for  adoption  the  following  resolutions: 
Resolved,  That  in  the  event  of  the  passage  by  Congress  of  the  AVilmot 
proviso,  or  any  kindred  measures,  that  his  Excellency  the  Governor  be 


SECESSION  MOVEMENT  OF  1852.  207 

requested  to  forthwith  convene  the  Legislature,  in  order  to  take  such 
steps  as  the  rights,  interests  and  honor  of  this  State  and  of  the  whole 
South  shall  demand. 

Eesolved,  That  the  Senate  do  agree  to  the  report. 

Ordered,  That  it  be  sent  the  House  of  Representatives  for  concur 
rence. 

By  order.  W.  E.  MARTIN,  C.  S. 

In  the  House  of  Representatives,  December  19,  1849: 

Resolved,  That  the  House  do  concur  in  the  report. 

Ordered,  That  it  be  returned  to  the  Senate. 

By  order.  T.  W.  GLOVER,  C.  II.  R. 

In  the  House  of  Representatives,  December  18,  1849 :  The  Committee 
on  Federal  Relations,  to  whom  was  referred  so  much  of  the  Governor's 
message  as  relates  to  the  recommendation  to  the  Southern  States,  by  a 
convention  of  the  people  of  Mississippi,  to  send  delegates  to  meet  at 
Nashville  to  consult  in  common  upon  common  rights,  with  a  view  to 
unity  of  action. 

And,  also,  so  much  of  the  message  as  relates  to  the  convening  of  the 
Legislature  upon  the  Wilmot  proviso,  or  any  kindred  measure,  becom 
ing  a  law  of  Congress,  report  that  the  people  of  this  State  entertain  an 
ardent  desire  and  fixed  determination  to  resist  the  lawless  and  unjust 
encroachments  of  Congress  on  the  rights  of  the  South,  and  have  pledged 
themselves,  through  their  legislatures,  to  co-operate  with  the  other 
Southern  States  in  opposition  to  all  such  measures.  They,  therefore, 
concur  with  his  Excellency  in  the  belief  that  South  Carolina  hails  with 
delight  the  proffer  by  the  people  of  Mississippi  of  meeting,  by  delegates, 
in  common  counsels,  at  Nashville,  and  will  heartily  and  promptly  send 
delegates  there  to  represent  them;  that  they  concur,  also,  with  his 
Excellency  in  the  propriety  of  calling  together  the  Legislature  should 
any  such  contingency  occur,  as  is  alluded  to  by  his  Excellency,  and 
therefore  recommend  the  adoption  of  the  following  resolutions : 

Resolved,  That  should  the  Wilmot  proviso,  or  any  kindred  measure, 
become  a  law  of  Congress,  the  Governor  is  hereby  earnestly  requested 
to  call  together  the  Legislature,  should  it  not  be  in  session  at  the  time 
of  the  passage  of  such  law. 

Resolved,  That  the  House  do  agree  to  the  report. 

Ordered,  That  it  be  sent  to  the  Senate  for  concurrence. 

By  order. 

T.  W.  GLOVER,  C.  H.  R. 

In  Senate,  December  19, 1849 : 

Resolved,  That  the  Senate  do  concur  in  the  report. 

Ordered,  That  it  be  returned  to  the  House  of  Representatives. 

By  order, 

W,  E.  MARTIN,  C.  S, 


208  LIFE    AND  TIMES  OF  C.  G.  MEMMINGER. 

It  is  important  to  observe  how  carefully  the  Senate  insist  upon  "the 
necessity,  on  the  part  of  the  Southern  people,  of  a  united  action  against 
the  encroachments  of  the  North,"  and  declare  this  State  to  be  prepared 
"  promptly  to  take  such  steps  as  the  other  States  of  the  South  shall 
recommend."  With  equal  care  the  House  of  Eepresentatives  declares 
that  "  the  people  of  this  State  have  pledged  themselves,  through  their 
legislatures,  to  co-operate  with  the  other  Southern  States  in  opposition 
to  all  such  measures." 

Here,  then,  are  all  the  pledges  of  South  Carolina.  They  are  distinct 
and  definite  for  co-operation  with  our  sister  States  of  the  South.  Not 
one  word  is  there  of  separate  State  action  or  secession. 

The  proceedings  of  the  session  of  1850  strengthen  this  view  of  the 
subject.  At  this  session  no  resolutions  were  adopted,  but  several  lead 
ing  measures  distinctly  evince  the  position  of  the  State.  The  first  of 
these  measures  was  the  act  calling  a  convention  and  Southern  Congress. 
The  preamble  to  this  act,  as  well  as  its  provisions,  manifestly  speak  the 
views  of  the  Legislature. 

The  act  is  entitled,  an  act  to  provide  for  the  appointment  of  Depu 
ties  to  a  Southern  Congress,  and  to  call  a  Convention  of  the  people  of 
this  State ;  and  here  is  its  preamble : 

"Whereas,  the  convention  of  the  slave-holding  States,  lately  assem 
bled  at  Nashville,  have  recommended  to  the  said  States  to  meet  in  Con 
gress  or  Convention,  to  be  held  at  such  time  and  place  as  the  States  de 
siring  to  be  represented  may  designate,  to  be  composed  of  double  the 
number  of  their  Senators  and  Eepresentatives  in  the  Congress  of  the 
United  States,  entrusted  with  full  power  and  authority  to  deliberate 
with  the  view  and  intention  of  arresting  further  aggressions,  and,  if 
possible,  of  restoring  the  constitutional  rights  of  the  South;  and,  if  not, 
to  recommend  due  provision  for  their  future  safety  and  independence." 

And  what  is  the  declared  object  of  this  convention  ?  By  the  terms  of 
the  act  itself,  it  is  assembled  "  for  the  purpose,  in  the  first  place,  of  tak 
ing  into  consideration  the  proceedings  and  recommendations  of  a  Con 
gress  of  the  slave-holding  States,  if  the  same  shall  meet  and  beheld; 
and  for  the  further  purpose  of  taking  into  consideration  the  general 
welfare  of  this  State,  in  view  of  her  relations  to  the  laws  and  govern 
ment  of  the  United  States,  and,  thereupon,  to  take  care  that  the  Com 
monwealth  of  South  Carolina  shall  suffer  no  detriment." 

Is  it  in  the  power  of  human  ingenuity,  with  these  proceedings  open 
before  you,  to  persuade  you  now  that  South  Carolina  is  pledged  to  seces 
sion?  Nay,  is  it  not  most  clear  that  she  is  pledged  exactly  to  the  re 
verse — to  concert  and  union  with  her  sister  States? 

If  there  were  any  doubt  remaining,  it  would  be  dispelled  by  the  fact 
that  when  the  Legislature  elected,  at  the  last  session,  the  delegates  who 
were  to  represent  the  State  at  large  in  this  Southern  Congress,  they 


SECESSION  MOVEMENT  OF  1852.  209 

elected  R.  W.  Barnwell,  Langdon  Cheves,  Wade  Hampton,  and  John  P. 
Richardson,  all  of  whom,  at  the  time,  were  supposed  to  be  opposed  to 
separate  secession,  and  three  of  whom  still  maintain  the  same  opinions. 

While  we  have  before  us  these  same  records  of  the  action  and  pledges 
of  our  State,  let  us  examine  another  of  the  statements  by  which  the 
secession  party  have  misled  the  people.  Those  who  oppose  secession  are 
continually  traduced  as  insincere  in  their  professions  of  resistance ;  the 
people  are  told  everywhere  that  the  Co-operation  party  are  mere  time- 
servers,  disguised  submissionists,  and  that  Secessionists  alone  are  the 
real  active  movers  of  resistance.  Let  us  test  the  professions  of  both 
parties  by  their  practice,  and  we  shall  arrive  at  more  just  conclusions. 
At  the  last,  session  of  the  Legislature  three  practical  measures  were 
brought  forward  which  were  deemed  necessary  to  resistance  in  any  form. 
The  first  of  these  was  the  raising  of  money  by  increase  of  the  taxes ; 
the  second,  the  formation  of  a  board  for  judiciously  expending  the 
money;  and,  the  third,  the  building  of  steam-packets  for  creating  a 
direct  trade  with  Europe,  and  providing  the  State  with  armed  steamers 
to  assist  in  defending  her  coast. 

You  are,  of  course,  prepared  to  expect  that  these  measures  were 
introduced  and  urged  by  the  secession  leaders ;  what  will  be  your  sur 
prise  to  learn  that,  they  were  all  introduced  by  co-operation  men,  and 
two  of  them  were  actually  opposed  by  several  of  the  most  prominent 
secession  men ;  and  if  this  opposition  had  been  successful,  the  third 
would  have  failed,  because  it  depended  upon  one  of  the  others. 

The  increase  of  taxes  was  proposed  by  myself,  and  in  and  out  of  the 
House  it  was  urged  as  incumbent  on  South  Carolina,  where  alone  the 
resistance  party  had  possession  of  the  government,  to  provide  arms  and 
munitions  of  war,  not  only  for  herself,  but  for  the  confederates  which 
we  expected  soon  to  have  from  the  South.  It  had  been  urged  by  the 
Union  party  in  several  of  our  sister  States  that  in  case  of  conflict  with 
the  general  government,  there  was  not  powder  enough  in  the  whole 
South  to  supply  a  single  engagement.  Nay,  some  of  you  may  remember 
that  even  in  South  Carolina  the  Governor  had  replied  to  a  company  at 
Walterborough  that  he  was  unable  to  supply  them  with  arms.  To  meet 
these  exigencies,  to  encourage  our  friends  in  the  South,  and  to  exhibit 
to  our  enemies  at  the  North  a  spirit  of  determination  which  could  not  be 
put  down,  we  urged  an  increase  of  the  taxes.  Let  the  record  speak  what 
followed.  I  have  copied  the  following  from  the  Journal  (page  221) : 

"  Mr.  Harrison  moved  to  reduce  the  tax  on  lands  from  fifty-three  to 
twenty-five  cents.  Mr.  Memminger  moved  to  lay  the  amendment  on  the 
table— yeas  74,  nays  38.  Among  the  nays  are  the  following  names- 
Messrs.  Abney,  Easley,  Evins,  Harrison,  Hutson,  Ingram,  Lyles,  Moor 
man,"  etc.  Those  acquainted  with  the  names  will  recognize  among  the 
nays  the  active  legislative  leaders  of  the  secession  party. 


210  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

You  will  see  still  further  into  these  matters  by  examining  the  legis 
lative  action  upon  another  practical  measure  of  the  last  session.  This 
was  the  bill  for  aiding  in  establishing  a  direct  trade  by  steam-packets 
with  Europe,  in  which  was  a  clause  giving  the  aid  of  the  State  to  this 
enterprise  on  condition  that  the  steamers  should  be  so  built  as  to  be 
available  to  the  State  for  war  purposes,  and  should  be  sold  to  the  State 
in  case  they  were  required.  This  measure  was  introduced  by  Colonel 
Chesnut,  of  Camden,  who  is  now  the  Co-operation  candidate  for  the 
Southern  Congress  from  the  Third  Congressional  District.  It  was  re 
ported  by  the  committee  of  which  I  have  the  honor  to  be  chairman ;  and 
when  it  came  before  the  House  the  following  proceedings  took  place. 

House  Journal,  p.  163 :  "  B.  F.  Perry  moved  to  strike  out  the  nine 
teenth  clause  and  those  following  (which  granted  the  aid  of  the  State 
and  required  the  steamers  to  be  so  constructed  as  to  be  made  available 
for  war  purposes).  Yeas  41,  nays  60.  Among  the  yeas  are  the  following 
— Messrs.  Abney,  Hutson,  Keitt,  Moorman,  Sullivan,"  etc. 

Now  when  it  is  considered  that  these  were  the  practical  measures 
which  clearly  exhibited  to  all  the  world  our  determination  to  provide 
for  our  defense,  and  that  the  establishment  of  a  direct  trade  with  Europe 
by  steamers  was  in  every  aspect  an  effective  measure  of  resistance,  it  is 
not  surprising  that  Mr.  Perry,  of  Greenville,  should  have  opposed  it,  but 
to  find  the  secession  leaders  joining  with  him  to  oppose  the  first  nucleus 
of  maritime  defense,  the  first  beginnings  of  practical  resistance,  will 
doubtless  surprise  you  as  much  as  it  did  us.1 

I  have  thus  laid  before  you,  fellow-citizens,  the  highest  evidence  pos 
sible;  and  if  anyone  shall  again  speak  to  you  of  the  pledges  of  the 
State,  or  of  the  submissive  temper  of  the  Co-operation  men,  you  can 
reply  that  the  State  is  indeed  pledged,  but  that  the  pledge  is  to  co-ope 
ration  and  against  separate  action ;  and  as  to  the  comparison  between 
the  active  zeal  of  the  two  parties,  you  can  safely  appeal  to  the  acts  of 
those  who  represent  your  views ;  the  record  will  speak  for  them,  and  will 


1  NOTE. — The  other  practical  measure,  appointing  a  Board  of  Ordnance,  was  introduced 
by  Mr.  Torre,  of  Charleston,  one  of  the  firmest  advocates  of  co-operation,  and  opposed  to  se 
cession.  The  yeas  and  nays  not  appearing  on  this  measure  in  the  Journal,  I  made  no  note  of 
it,  and  it  thus  escaped  my  attention  in  my  speech.  I  also  omitted  to  notice  that  I  had  myself 
submitted  to  the  House  the  following  resolutions  to  indicate  my  view  of  the  course  to  be  pur 
sued  by  the  State : 

"  In  the  House  of  Representatives,  December  10, 1850,  Mr.  Memminger  submitted  the  fol 
lowing  resolutions : 

"1.  Resolved,  That  the  proposal  of  the  Nashville  Convention  that  the  slave-holding 
States  shall  meet  iii  a  Southern  Congress,  is  accepted  by  South  Carolina,  and  this  General  As 
sembly  will  forthwith  provide  for  the  appointment  of  deputies  to  the  same. 

"2.  Resolved,  That  two  hundred  thousand  dollars  be  appropriated  for  the  purpose  of 
arming  and  defending  the  State. 

"3.  Resolved,  That  a  police  system  be  established  for  protecting  our  people,  bond  and 
free,  from  the  evil  designs  of  Northern  emissaries  and  abolitionists." 


SECESSION  MOVEMENT  OF  1853.  211 

relieve  you  from  the  necessity  of  being  heralds  of  your  own  achieve 
ments. 

While  engaged  in  this  task  of  clearing  away  cobwebs,  allow  me  to 
ask  your  attention  for  a  moment  to  a  matter  personal  to  myself.  I  am 
sorry  to  detain  you  upon  so  humble  a  subject,  while  matters  of  so  much 
more  moment  await  our  consideration ;  but  as  the  opposite  party  have 
thought  it  worthy  of  their  attention,  it  becomes  needful  to  set  it  right. 
I  observe  that  the  Secession  party  have  done  me  the  honor  to  publish 
my  speech  delivered  at  Pendleton  last  fall,  as  one  of  their  tracts,  and 
thereby  inferentially  to  claim  my  sanction  to  their  measures.  I  pre 
sume  this  honor  to  have  been  procured  by  the  last  short  paragraph  of 
the  speech,  in  which  it  is  declared  that  if  all  the  South  shall  refuse  to 
unite  with  us,  and  we  be  left  to  choose  between  submission  and  resist 
ance,  I,  for  one,  would  prefer  to  secede  from  the  Union. 

Let  it  be  borne  in  mind  that  I  was  speaking  of  the  action  of  States 
in  whose  history  years  are  but  as  days  to  individuals — that  the  whole 
drift  of  the  speech  is  to  commend  resistance,  and  to  show  that  a  South 
ern  Confederacy  is  the  true  and  practicable  and  desirable  mode.  The 
example  of  the  revolution  is  then  held  up  for  imitation,  in  which,  be  it 
remembered,  that  more  than  ten  years  were  consumed  in  procuring  con 
cert  of  action ;  and  then  it  is  declared  that  if  such  concert  cannot  be 
had,  I  would  prefer  martyrdom  to  self-destruction.  By  what  reasonable 
interpretation  could  this  justify  an  abandonment  of  the  effort  at  co-ope 
ration  in  a  single  year,  and  that  too  when  the  Secessionists  have  them 
selves  prevented  the  steps  necessary  to  procure  it. 

You  yourselves  know,  fellow-citizens,  that  in  a  speech  delivered  be 
fore  you  upon  hearing  of  the  death  of  Mr.  Calhoun,  I  urged  you  to  ac 
cept  the  legacy  which  he  had  left  us  of  resistance  according  to  his  views, 
and  strongly  urged  upon  you  the  example  and  measures  of  the  Ameri 
can  Revolution.  If  in  my  speech  at  Pendleton  I  was  unguarded  in  not 
including  the  element  of  time,  it  was  because  I  spoke  as  many  of  our 
friends,  the  Secessionists,  still  do,  under  the  impulse  of  deep-felt  wrongs. 
I  was  urging  on  the  mountain  population  to  resist  injustice,  the  pres 
sure  of  which  was  less  realized  where  few  slaves  existed;  and  under 
these  feelings  words  were  not  carefully  weighed,  nor  possible  miscon 
structions  guarded  against.  But  now  that  the  matter  is  under  sober 
consideration,  now  that  I  am  told  what  use  is  made  of  the  language,  I 
unhesitatingly  declare  that  be  the  language  what  it  may,  my  deliberate 
judgment  is  against  the  separate  secession  of  South  Carolina.  I  have 
an  abiding  confidence  that  the  slave-holding  States  will  co-operate  with 
each  other,  and  that  a  union  of  the  South  will  be  formed  in  spite  of 
every  obstacle ;  and  these  views  I  urged  upon  the  last  Legislature  when 
I  opposed  the  call  of  a  convention.  I  have  no  sympathy  with  that  con 
sistency  which  adheres  to  an  opinion  merely  because  it  has  been  once 
expressed;  the  only  consistency  which  I  aim  at,. is  that  of  right 


212  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

Be  all  this,  therefore,  as  it  may,  the  true  inquiry  now  to  be  made,  is 
as  to  the  fitness  and  expediency  of  the  policy  to  be  pursued  by  the  peo 
ple  of  South  Carolina.  Shall  we  secede  alone  from  the  Union  and  set 
up  as  an  independent  nation,  or  shall  we  adopt  measures  to  bring  about 
a  union  of  the  South  ? 

To  determine  this  question  we  must  examine  what  are  the  existing 
evils  for  which  these  measures  are  proposed  as  remedies.  It  is  agreed 
on  all  hands  that  the  true  evil  pressing  against  us,  is — that  the  Federal 
government  has  been  perverted  from  its  original  foundation  to  become 
an  engine  of  attack  upon  African  slavery,  and  thus  threatens  destruc 
tion  to  the  civilization  and  social  institutions  of  the  South.  The  first 
blow  has  been  struck  in  despoiling  us  of  our  equal  share  of  the  territory 
conquered  by  our  united  arms  and  purchased  by  our  common  funds; 
and  the  object  intended  by  the  Wilmot  proviso  of  hemming  in  slavery 
and  preventing  any  increase  of  the  slave  power,  has  been  in  fact  con 
summated  in  California.  It  has  been  long  foreseen  by  our  wisest  states 
men,  and  by  none  more  clearly  than  by  that  great  and  faithful  cham 
pion  of  the  South  whose  ashes  repose  in  our  city  and  whose  counsels 
should  be  engraven  on  our  memories,  that  there  exists  an  irreconcilable 
difference  between  the  North  and  the  South,  which  soon  or  late  must 
come  to  issue.  The  area  upon  which  their  respective  institutions  should 
be  developed,  has  hitherto  been  the  field  of  battle.  New  States  were 
formed  from  this  area,  and  upon  their  introduction  on  one  side  the  other 
endeavored  immediately  to  bring  forward  a  counterpoise.  In  this  way 
the  issue  has  been  postponed  as  it  were  by  repeated  truces,  and  it  was 
hoped  by  many  that  the  Missouri  compromise  would  form  a  line  of  per 
manent  peace.  And  so  it  would  have  done  with  the  South.  The  North 
would  not  abide  by  it.  But  power  and  fanaticism  are  always  aggressive; 
and  the  Wilmot  proviso  was  devised  as  a  means  of  finally  overpowering 
the  South.  It  simply  provided  that  slavery  should  be  excluded  from  all 
newly  acquired  territory ;  and  the  result  must  follow  that  every  new 
State  would  belong  to  the  North.  Thus  they  would  acquire  the  entire 
control  of  the  government,  and  according  to  their  views  of  the  Constitu 
tion,  over  the  destinies  and  fortunes  of  the  South. 

The  stupendous  fraud  by  which  the  whole  Pacific  coast  was  included 
in  a  single  State,  was  compensated  to  the  North  by  a  second  fraud, 
whereby  slavery  was  excluded  from  all  this  region,  and  California  was 
admitted  into  the  Union  with  precisely  the  same  result  as  would  have 
followed  had  the  Wilmot  proviso  been  originally  adopted.  Of  course 
the  North  was  content;  they  can  divide  it  at  their  leisure  into  other 
States,  and  with  the  aid  of  new  votes  in  the  Senate,  can  dispose  of  the 
remaining  territories  of  the  United  States  at  their  pleasure.  The  evil 
is  accomplished — it  is  indeed  of  fearful  magnitude.  But  where  is  the 
remedy  ? 


SECESSION  MOVEMENT  OF  1852.  213 

The  Secessionists  say  leave  the  Union  and  set  up  for  ourselves  the 
independent  nation  of  South  Carolina.  How  will  this  give  us  back  our 
right  in  California?  Plow  will  it  give  us  our  portion  of  Utah,  or  New 
Mexico,  or  any  new  territory  to  be  acquired  ?  How  will  it  enable  us  to 
expand  in  Texas  and  send  our  surplus  population  or  our  slave  institu 
tions  to  increase  the  area  and  power  of  slavery?  And  more  than  all 
this,  how  will  it  give  peace  and  security  in  future  to  the  institutions  and 
civilization  of  the  South  ? 

On  the  other  hand,  the  Co-operationists  propose  to  unite  the  South  in 
a  common  cause,  and  to  demand  for  themselves  equality  in  the  Union  or 
independence  out  of  it.  They  propose  to  demand  a  restoration  of  their 
equal  share  of  California,  a  participation  in  the  remaining  territory  of 
the  Union,  and  security  from  their  co-States  for  the  peaceful  enjoyment 
of  their  rights;  and  if  these  be  refused,  as  they  have  reason  to  fear  they 
will  be,  then  that  the  whole  South  should  form  an  independent  confed 
eracy  and  protect  and  defend  themselves  as  best  they  can. 

The  mere  statement  of  these  two  plans  so  completely  determines  the 
mind  in  favor  of  the  latter  that  the  Secession  party  itself  is  forced  to 
defend  secession  as  being  the  best  means  of  producing  a  union  and  co 
operation  of  the  South.  Therefore,  the  first  inquiry  we  shall  make  is, 
whether  this  be  so?  Will  the  separate  secession  of  South  Carolina 
conduce  to  the  union  and  co-operation  of  the  South  ? 

What  is  secession  from  the  Union  ?  It  is  departing  from  the  Union ; 
leaving  the  company  of  the  States  which  compose  that  Union ;  and  as 
the  Southern  States  form  part  of  that  company,  we  abandon  them  in 
common  with  the  rest.  Secession  is,  therefore,  the  opposite  of  co-opera- 
tfon,  and  yet  we  are  told  that  to  leave  a  society  is  the  best  mode  of  pro 
ducing  concert  with  those  who  are  thus  abandoned.  The  mere  state 
ment  of  such  a  proposition  seems  to  decide  it. 

But  let  us  examine  it  more  in  detail.  Secession  must  either  be 
peaceful  or  attended  with  war.  Suppose  it  peaceful.  Suppose  the  gen 
eral  government  to  withdraw  all  objection  and  South  Carolina  to  be 
peacefully  established  as  a  separate  nation.  How  will  that  conduce  to 
the  union  of  the  South?  I  will  hereafter  consider  how  such  a  condition 
will  affect  South  Carolina  herself.  Our  present  inquiry  is  limited  to  its 
effect  upon  the  other  Southern  States. 

Each  one  of  the  Southern  States  has  definitely  evinced  its  determina 
tion  not  to  leave  the  Union  for  existing  grievances.  Although  some  of 
them  are  deeply  discontent,  yet  have  they  all  determined  to  remain  in 
the  Union  in  preference  to  leaving  it  now  and  establishing  a  new  con 
federacy.  What  is  to  change  this  determination?  Are  we  to  suppose 
that  they  entertain  so  high  a  sense  of  the  wisdom  of  South  Carolina  that 
her  judgment  will  over-rule  their  own  ?  Let  any  man  cross  the  Savan 
nah  river,  and  if  he  ever  entertained  so  high  a  conceit  of  his  own  State, 


214  LIFE  AND  TIMES  OF  C.  G.  MEMMINGE&. 

he  will  soon  find  that  Georgia  at  least  does  not  concur  fti  it.  Test  the 
matter  by  seeing  how  far  the  opinion  and  judgment  of  the  State  of 
Georgia  has  influenced  us.  She  has  determined,  by  an  overwhelming 
vote  in  a  convention  solemnly  called,  that  she  deems  it  wisest  to  remain 
in  the  Union.  Has  this  decision  convinced  us  or  induced  us  to  adopt  it  ? 
How  then  are  we  to  expect  that  our  convention  will  produce  a  greater 
effect  upon  them  ? 

Is  the  measure  of  secession  itself,  if  peaceably  carried  out,  calculated 
to  overcome  the  repugnance  of  Georgia  or  the  other  Southern  States  ? 
The  secession  leaders  gravely  propose  that  our  ports  shall  be  opened  to 
free  trade,  and  that  South  Carolina  shall  become  a  great  den  of  compe 
tition  for  smugglers  from  the  adjacent  States.  How  is  such  a  scheme 
likely  to  be  received  by  all  those  engaged  in  fair  trade  in  the  Southern 
States  ?  Would  it  not  rouse  every  honest  trader  throughout  the  South  ? 
Could  Savannah,  and  Augusta,  and  Wilmington,  and  Mobile,  and  New 
Orleans  allow  such  a  condition  of  things  to  continue,  and  would  those 
who  endeavor  to  force  it  upon  them  be  regarded  by  the  sufferers  as 
friends  with  whom  they  are  to  join  in  concert  ?  Human  nature  must 
change  before  measures  of  this  kind  can  have  any  other  effect  than  to 
deepen  hatred  and  widen  breaches. 

But  let  us  take  the  other  alternative — the  alternative  which  is  far 
more  likely  to  occur.  Suppose  secession  should  not  be  peaceful,  and  that 
war,  or  measures  of  quasi  war,  should  be  adopted,  would  co-operation 
and  union  of  the  South  be  more  likely  to  occur? 

We  cannot  shut  our  eyes  to  the  fact  that  the  United  States  govern 
ment  is  in  possession  of  the  forts  which  command  our  harbor.  There 
they  are,  and  the  flag  which  floats  over  them  contains  the  stars  and  the 
stripes  which  Georgia,  and  Alabama  and  Mississippi  yet  claim  as  their 
flag.  When  South  Carolina  secedes  and  becomes  an  independent  nation, 
I  do  not  doubt  that  the  valor  of  her  sons  will  not  permit  a  foreign  flag  to 
wave  over  her  territory.  The  forts  will  be  attacked.  They  will  be  sub 
dued  at  a  cost,  however,  of  many  of  her  valued  sons — a  cost  the  more 
dear,  as  unfortunately  it  will  bring  us  no  relief.  The  flag  which  now 
floats  over  these  forts  will  trail  the  dust ;  but  whose  flag  will  that  be  ? 
Georgia,  and  Alabama,  and  Mississippi,  and  North  Carolina,  and 
Virginia,  and  Tennessee,  and  Kentucky,  and  Florida,  and  Louis 
iana  and  Arkansas  each  claim  one  of  those  stars ;  each  has  a  com 
mon  pride  in  that  flag;  each  has  her  honor  floating  in  its  stripes;  each 
feels  a  wound  when  that  banner  has  been  struck.  And  you  are  told  that 
a  blow  like  this  will  lead  to  sympathy  and  co-operation.  Georgia  is  to 
call  a  convention  while  smarting  under  the  shame  of  wounded  pride, 
and  follow  a  lead  which  in  her  kindliest  moments  she  has  distrusted. 
Alabama  and  Mississippi  are  to  come  alongside  of  us  then,  and  to  take 
part  in  defending,  by  force  of  arms,  those  schemes  which  at  present  even 


SECESSION  MOVEMENT  OF  1852.  215 

the  suspicion  of  favoring  has  caused  them  to  repudiate  their  most  trusted 
and  popular  leaders. 

But,  it  is  said,  that  no  sooner  will  South  Carolina  have  moved  than 
thousands  of  volunteers  will  come  to  her  aid  from  the  adjoining  States. 
Suppose  that  to  be  true,  what  we  are  now  considering  is  not  the  main 
tenance  by  South  Carolina  of  her  separate  nationality,  but  the  like 
lihood  of  the  union  of  the  South.  What  we  need  is  the  concert  of  the 
State  governments  in  forming  a  new  confederacy.  The  fact  that  some 
thousand  volunteers  would  come  to  our  aid,  no  more  advances  this  end 
than  did  the  volunteers  under  Lopez  prove  that  the  States  from  which 
they  came  would  go  and  join  with  Cuba.  The  State  of  Georgia  has  in 
convention  solemnly  determined  to  adhere  to  the  Union.  Suppose  the 
State  of  South  Carolina  shall  in  convention,  with  equal  solemnity.,  de 
termine  to  leave  the  Union.  According  to  our  doctrine,  every  citizen  of 
South  Carolina  would  be  bound  by  this  decision,  and  would  be  guilty  of 
treason  in  opposing  it  by  any  overt  act.  Does  not  the  same  conse 
quence  follow  in  Georgia  ?  Every  Georgian  in  arms  against  that  Union 
to  which  his  State  has  determined  to  adhere  would  by  the  same  reason 
be  a  traitor  to  his  own  State,  and  consequently  every  man  who  would 
march  to  the  aid  of  South  Carolina  must  be  content  to  abide  all  the  con 
sequences  of  treason  to  his  own  State.  And  this  is  the  position  in  which 
we  are  to  place  our  friends  and  supporters  in  the  other  States.  Is  it  not 
obvious  that  such  a  course  must  lose  them  all?  While  we  are  with 
them  in  .the  Union  we  can  meet  and  counsel  and  act  together  as  friends. 
When  we  leave  the  Union  we  are  foreigners  to  them;  and  counsel  or 
co-operation  with  us  against  the  voice  of  their  own  State  is  treason,  and 
could  not  be  entertained  by  honorable  men. 

I  think,  then,  it  is  clear,  beyond  a  doubt,  that  the  secession  of  South 
Carolina  will  not  effect  the  union  and  co-operation  of  the  South. 

This  brings  us  to  the  only  remaining  inquiry.  "Will  secession  by 
South  Carolina  alone  remedy  the  evils  of  which  we  complain?  Will  it 
give  us  redress  for  the  past  or  security  for  the  future  ? 

1.  WTill  it  restore  our  rights  in  California  ? 

Secession  abandons  the  whole  property  of  the  Union  to  the  States 
which  are  left  in  possession.  It  is  physically  impossible  for  South  Caro 
lina  alone  to  recover  any  part.  A  union  of  the  whole  South,  either  in  or 
out  of  the  Union,  could  compel  a  reparation  of  California,  and  the  estab 
lishment  of  the  Missouri  Line.  The  friends  of  Southern  rights  in  other 
States  are  still  insisting  upon  this  line;  it  was  laid  down  as  the  demand 
of  the  South  by  the  Nashville  convention,  and  we  intend  to  insist  upon 
it.  United  action  by  the  South  can  influence  California  herself  upon 
this  question ;  and  for  South  Carolina  to  retire  from  the  Union  alone  is 
not  only  to  withdraw  our  support  from  our  friends,  and  thus  to  weaken 
the  common  cause  at  it's  very  crisis,  but  to  abandon  the  whole  prize  to 
our  enemies. 


216  LIFE    AND  TIMES  OF  C.  G.  MEMMINGER. 

2.  Will  secession  relieve  us  from  the  injuries,  present  and  future, 
growing  out  of  the  adoption  of  the  Wilmot  proviso  ? 

I  have  shown  in  my  speech  at  Pendleton  and  Greenville  that  the 
Federal  government  have  practically  adopted  the  AVilmot  proviso;  that 
it  is  a  mere  evasion  to  put  the  exclusion  of  slavery  from  California 
upon  the  people  of  that  State.  In  my  opinion,  the  government  at  Wash 
ington  is  responsible  for  it,  and  I  consider  it  a  practical  victory  obtained 
by  the  North,  which  gives  them  the  mastery  over  the  civilization  of  the 
South.  They  have  now  the  control  of  the  whole  government.  They 
have  so  adjusted  the  area  upon  which  our  institutions  are  to  expand 
that  their  political  power  must  increase  and  ours  remain  nearly  sta 
tionary.  In  such  a  condition  of  things  the  final  struggle  cannot  long 
be  postponed.  Truces  are  nearly  at  an  end ;  the  Missouri  treaty  has 
been  set  aside ;  the  fugitive  slave  law  is  the  only  olive  branch  remain 
ing,  and  fanaticism  will  soon  wither  it  with  its  breath.  The  great  con 
test  must  come  on  which  wise  statesmen  have  long  foreseen,  and  the 
institutions  of  the  South  must  come  in  conflict  with"  the  fanaticism 
and  self-interest  of  the  North.  At  such  a  time  we  are  invited  to  divide 
— to  separate  ourselves  from  the  Southern  phalanx — to  introduce  dis 
sension  and  discord  in  the  slave-holding  camp,  and  to  withdraw  from 
the  main  body  what  we  believe  will  prove  its  Tenth  Legion  in  time  of 
trial. 

In  what  possible  \vay  will  secession  remedy  the  existing  state  of 
things?  At  present  we  are  excluded  from  California.  But  we  have 
Texas  and  the  Indian  Territory  open  to  us.  By  a  union  of  the  Southern 
States  we  have  at  present  the  prospect  of  extending  our  institutions  in 
and  around  the  Gulf  of  Mexico,  still  farther  to  the  South,  and  possibly 
of  making  that  gulf  to  us  what  the  great  lakes  are  to  the  North.  Cuba 
lies  open  before  us.  Yucatan  has  once  actually  called  us  to  their  aid. 
But  secession  extinguishes  all  these  prospects,  and  brings  the  Wilmot 
proviso  close  up  to  the  banks  of  the  Savannah  river.  Our  slaves,  which 
now  can  go  to  any  part  of  the  South,  will  then  be  shut  up  in  South  Caro 
lina,  and  cannot  even  cross  the  Savannah  river  or  the  North  Carolina 
line.  For  by  secession  we  become  foreign  to  the  other  States  of  the 
Union,  and  by  their  laws  it  is  piracy  to  introduce  slaves  from  abroad. 

And  is  it  supposed  that  by  leaving  the  Union  wre  escape  the  dangers 
which  the  government  of  the  United  States  may  offer  to  slavery?  Im 
agine  for  a  moment  slavery  to  be  abolished  in  Georgia  and  North  Caro 
lina,  and  what  would  be  its  condition  in  South  Carolina?  Must  it  not 
fall  there  too?  The  truth  is,  that  the  institution  in  the  United  States  is 
a  unit,  arid  every  blow  dealt  upon  it  in  one  part  must  be  felt  in  every 
other.  And  it  is  mainly  this  which  makes  our  abandonment  of  the  rest 
of  the  South  so  unwise.  We  have  more  thoroughly  considered  this  sub 
ject — for  it  must  be  confessed  that  the  horror  of  disunion  has  in  other 


SECESSION  MOVEMENT  OF  1852.  217 

States  prevented  them  from  examining  it  in  all  its  bearings.  We  then, 
instead  of  instructing,  encouraging,  supporting,  are  to  abandon  our  col 
leagues  in  the  moment  of  danger,  and  to  leave  them  weakened  and  dis 
pirited  by  our  loss  to  the  machinations  of  a  subtle  and  uncompromising 
foe. 

Failing,  then,  in  all  these  arguments,  and  driven  to  the  conclusion 
that  their  scheme  promises  neither  redress  for  the  past,  nor  security  for 
the  future,  as  a  desperate  resort  the  Secessionists  are  forced  to  become 
prophets,  and  in  this  character  they  assure  us  that  a  separate  national 
existence  would  prove  so  fortunate  to  South  Carolina  that  the  spectacle 
of  her  prosperity  would  of  itself  invite  and  induce  the  other  States  to 
leave  the  Union  and  join  her. 

It  is  difficult  to  foresee  the  consequences  which  are  to  result  from  any 
radical  change  of  government.  England  did  not  anticipate  the  rule  of 
Cromwell,  nor  the  return  of  Charles  II. ;  nor  did  France  anticipate  the 
despotism  of  Napoleon,  or  the  iron  yoke  of  the  Holy  Alliance,  at  the 
commencement  of  their  revolutions.  Nor  can  we,  accustomed  as  we 
are  to  our  free  institutions,  realize  \vhat  will  be  the  state  of  things  in  a 
small  State  like  ours,  under  rulers  who  must  have  at  their  command  a 
standing  army,  and,  perhaps,  a  navy.  It  would  be  no  bold  prediction, 
however,  to  affirm  that  our  liberties  would  not  be  increased  under  the 
sway  of  those  passions  which  have  lately  been  exhibited  in  our  State. 
Where  the  counsel  of  a  veteran  statesman,  who  had  given  his  whole  soul 
and  energies  to  the  common  cause,  like  Langdon  Cheves,  is  listened  to 
only  as  an  act  of  courtesy  in  their  own  leaders,  it  is  not  likely  that  hum 
bler  expostulation  would  be  even  tolerated ;  and  it  has  already  been 
surmised  that  to  dispute  by  argument  even  the  measures  of  those  who 
for  the  time  constitute  the  State,  is  a  political  crime.  Men  who,  at  the 
beginning  of  a  revolution,  can  associate  their  peaceful  fellow-citizens 
with  the  horrors  of  Moscow,  are  not  likely  to  become  more  temperate  by 
the  increased  excitement  of  its  progress. 

But  passing  this  by,  and  assuming  that  a  second  Washington  will  be 
raised  up  for  us  to  restrain  all  extravagancies,  let  us  enter  upon  the  ex 
amination  of  this  separate  nationality  of  South  Carolina. 

The  declarations  of  the  officers  of  the  government,  together  with  the 
activity  now  manifested  at  the  forts,  assure  us  that  secession  will  not  be 
a  peaceful  remedy.  They  intend  to  hold  these  forts,  if  they  can,  and 
they  intend  to  consider  us  as  in  the  Union,  notwithstanding  our  seces 
sion.  The  experience  of  the  past  shows  that  Congress  will  confirm  these 
views,  and  will  confer  on  the  government  all  the  power  necessary  to 
carry  them  out. 

A  disturbance  of  the  trade  of  Charleston,  and  a  removal  of  its  active 
capital,  will  be  the  first  visible  result.  The  city  of  Savannah  will  com 
plete,  in  a  few  months,  its  connection  by  railroad  with  Augusta,  and  it 


218  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

is  already  in  full  communication  with  the  interior  by  Macon.  The  bulk 
of  our  business  at  Charleston  is  with  Greorgia,  Alabama,  and  Tennessee. 
It  is  a  fact  no  less  lamentable  than  true,  that  South  Carolina  contributes 
a  small  proportion  comparatively  to  the  import  trade  of  Charleston. 
The  merchant,  therefore,  will  meet  his  customers  and  supply  their 
wants  with  just  as  much  facility  at  Savannah  as  at  Charleston  .  The 
distance  to  the  interior  is  the  same,  the  facilities  equal ;  and  the  advan 
tage  to  Charleston  now  is,  that  the  capital  dwells  here.  A  blockade, 
however,  of  Charleston,  if  it  be  merely  on  paper,  with  the  port  of  Savan 
nah  wide  open,  would  at  once  transfer  the  whole  of  this  trade.  Com 
merce  is  always  timid,  and  at  Savannah  no  difficulty  would  exist;  at 
Charleston  the  ingenuity  of  our  adversaries  would  create  many;  and 
the  first  act  which  Congress  would  pass  would  fill  the  Savannah  river 
with  our  trade. 

What,  then,  would  be  the  condition  of  our  railroads  and  other  public 
enterprises?  In  the  outset,  the  transportation  of  all  the  trade  trans 
ferred  to  Savannah  would  be  lost ;  and  whatsoever  should  go  by  railroad 
to  Augusta  must  stop  at  the  frontier  and  be  entered  at  some  custom 
house  on  the  other  side,  as  from  a  foreign  port ;  and  passengers  and 
goods  must  become  subject  to  all  the  vexation  incident  to  such  visita 
tion. 

2.  The  next  effect  visible  would  be  upon  all  the  trades  and  business 
which  depend  upon  commerce.     The  occupations  of  many  must  abso 
lutely  cease  within  the  city ;  and  the  business  of  all  must  be  greatly 
diminished.     And  in   regard  to  the  country  the   extent  of  injury  done 
must  depend  upon  those  over  whom  we  have  no  control.     If  Congress 
should  choose  to  take  away  from  Charleston  the  privileges  of  a  port  of 
entry,  or  even  without  doing  this  should  make  other  ports  more  advan 
tageous,  the  rice  and  cotton  of  the  planter  would  have  to  bear  these 
burdens  or  find  their  way  to  Savannah  or  Wilmington.     The  distur 
bance  which  would  thus  be  produced  between  banks  and  factors,  be 
tween  debtors  and  creditors,  would  be  of  a  character  which  I  cannot 
pretend  to  foresee.     A  general  result,  however,  of  injury  and  ruin  must 
follow. 

3.  An   immense    immigration  would  take    place    of    all    those    who 
would  prefer  to  remove  their  slaves  into  the  extensive  territory  of  the 
other  States,  before  the  final  consummation  of  the  secession  scheme 
should  prevent  them;  and  afterwards  a  corresponding  depreciation  of 
slave  property  from  the  inability  to  remove  them  to  the  other  States, 
which  secession  would  produce.    The  foreign  demand  even  now  is  con 
sidered  by  the  brokers  as  increasing  the  price  to  nearly  one  hundred 
dollars  a  head.    The   destruction  of  that  demand  is  a  proportionate 
destruction  of  value  to  the  whole  State.    For  after  secession  is  consum 
mated  no  negro  can  be  removed  from  South  Carolina  to  the  other  States 
of  the  Union. 


SECESSION  MOVEMENT  OF  1852.  219 

All  these  difficulties,  great  as  they  are,  and  many  more  might  be 
cheerfully  encountered,  were  they  compensated  by  the  promotion  of 
the  public  welfare.  But  when  it  shall  appear  that  the  state  of  things 
from  which  they  arise  must  involve  the  country  in  still  deeper  distress, 
they  become  wholly  intolerable. 

4.  For  the  next  evil  which  we  will  bring  to  view,  as  incident  to  seces 
sion,  is  one  of  the  greatest  and  most  fatal.    We  shall  have  left  the  Union 
because  of  slavery.     We  shall,  therefore,  stand  out  before  the  world  as 
the  great  exponent  of  that  institution.    At  present,  as  we  too  well  see, 
the  public  opinion  of  the  world  is  hostile  to  it;  and  nations  are  almost 
banded  together  for  its  destruction.     By  secession  we  isolate  ourselves 
from  those  having  the  same  interests;  we  divide  and  weaken  the   South 
and  we  stand  out  alone  before  that  hostile  opinion,  exposed  by  our  posi 
tion,   and  defenceless   from   our  size.     Suppose  the  philanthropists  of 
Europe  should  undertake  to  school  us  by  that  same  schoolmaster  who 
taught  the  Chinese  that  opium-eating  was  no  bad  thing,  provided   the 
opium   came   from   British  Colonies — or  who  taught   Kossuth  and  his 
companions  to  learn  the  principles  of  government  from  a  Prussian  horn 
book—  what  would  be  our  condition?    The  great  object  cf  all  govern 
ment  is  protection;  and  where  the  government  itself  is  too  feeble  to 
protect  from  wrong,  it  falls  into  contempt;  and  to  us  who  have  hitherto 
enjoyed  the  proud  privileges  of  American  citizens,  no  government  could 
command  our  own  respect  which  could  not  command  the  respect  of  other 
nations. 

5.  And  if  to  secure  our  extensive  coast  from  invasion,  or  our  com 
merce  from  insult,  or  our  slaves  from  capture,  we  undertook  to  keep  up 
an  army  and  navy,  this  would  involve  us  in  still  more  serious  difficul 
ties.    I  am  unable  to  say  what  amount  of  expenditure  would  be  re 
quired  for  us  under  such   circumstances.     But,  judging  by  other  coun 
tries,  four  millions  annually  would  probably  be  required.     Where  could 
even  half  that  amount  be  procured  ?     At  present  our  taxes  are  $300,000. 
If  the  remainder  is  to  be  made  up  by  direct  taxes,  we  can  at  once  see 
where  that  would  lead.     It  could  not  be  made  up  by  commerce  while 
the  Federal   government   was   disputing  our  right  to  secede.     As  this 
state  of  things  would  certainly  last  for  several  years,  whence  during 
that  time  would  the  means  be  derived  for  carrying  on  the  government 
of   South  Carolina?     According  to  the  plans  of   the  Secessionists  we 
should  have  hosts  of  volunteers  from  other  States  to  assist  them.    As 
guests  these  must  be  supported,  and  that  too  with  no  stint.    According 
to  the  army  estimate  it  takes  an  average  of  $400  per  man  to  support  the 
establishment,  and  at  this  rate  5,000  of  these  guests  would  cost  us  the 
moderate  sum  of  two  millions  a  year,  without   any   allowance  of  the 
proper  douceurs  and  rewards  which  such  defenders  might  reasonably 
expect,  or  might  feel  entitled  to  help   themselves  to;  and  should  we 
succeed  in  mastering  the  power  of  the  United  States  and  establishing 


220  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEE. 

our  independence,  whence  would  be  derived  the  revenues  necessary  to 
maintain  the  independent  nation  of  South  Carolina?  The  Secessionists 
answer,  by  duties  on  imports.  Then,  of  course,  they  do  not  propose  that 
South  Carolina  shall  be  the  flourishing  emporium  of  free  trade,  which 
others  of  the  Secessionists  picture  to  the  people. 

If  duties  are  levied  on  goods  imported  into  South  Carolina,  only  such 
goods  will  be  imported  as  will  be  consumed  in  South  Carolina;  for  if 
goods  thus  imported  should  attempt  to  cross  the  line  into  the  other 
States  the  laws  of  the  United  States  would  stop  them  and  exact  the  duty 
which  is  required  there.  Hence  goods  imported  into  Georgia  or  North 
Carolina  through  South  Carolina  would  pay  a  duty  twice,  when,  if  im 
ported  by  Savannah  or  Wilmington,  they  would  pay  but  once.  It  fol 
lows,  then,  that  the  whole  expenses  of  our  separate  nationality  must 
come  out  of  the  goods  consumed  by  ourselves,  and  consequently  would 
bear  upon  the  people  exactly  as  if  they  were  raised  by  direct  taxes. 
The  only  difference  is  the  disguise. 

But  this  is  not  all.  A  very  large  portion  of  the  goods  consumed  by 
the  people  of  this  State  pay  no  duties  at  all.  The  tariff  operates  to  raise 
prices  only  where  there  is  competition  between  domestic  and  foreign 
supply.  But  where  domestic  competition  entirely  excludes  the  foreign 
article  and  reduces  the  price  below  that  at  which  the  foreign  article 
could  be  imported,  clear  of  duty,  it  is  manifest  that  the  duty  is  a  dead 
letter.  Now  a  very  large  portion  of  the  consumption  of  the  South  is  of 
this  character.  Shoes,  hats,  butter,  hay,  coarse  cottons,  horses,  mules, 
and  thousands  of  other  articles  consume  millions  of  dollars  of  the  annual 
income  of  the  South,  and  are  imported  at  present  into  South  Carolina 
without  any  duty.  Do  the  Secessionists  propose  to  tax  these  articles  ? 
And  if  not,  a  very  small  remnant  is  left  for  the  operation  of  their  system 
of  duties;  so  small  that  it  would  be  hazarding  little  to  say  that  not  a 
tenth  part  of  the  government  expenses  could  be  raised  by  any  duty 
which  has  been  proposed.  And  if  they  propose  to  tax  our  hats  and 
shoes,  and  the  other  thousand  articles  of  daily  consumption,  which  are 
now  free,  the  beautiful  prosperity  of  their  fancied  state  of  secession  will 
have  vanished;  and  they  will  find,  besides  all  this,  our  whole  frontier 
converted  into  smuggling  ground  to  bring  into  our  taxed  domains  the 
free  goods  of  the  Union  which  we  should  have  left  behind. 

But  a  far  more  serious  difficulty  from  the  army  and  navy  would  be 
the  danger  already  alluded  to,  which  would  be  offered  to  the  public  lib 
erty.  In  a  small  State  like  ours  the  temptation  to  use  military  power 
would  be  very  great,  and  it  is  hardly  to  be  expected  that  the  great  offi 
cers  would  all  be  Washingtons.  History  has  proved  that  Syllas  an$ 
Marii  and  Catilines  can  always  be  found.  A  small  State  must  have  a 
strong  government  to  be  efficient,  and  in  so  limited  a  territory  the  presi 
dent  or  lieutenant-general  could  easily  mark  that  political  decimation 
would  become  part  of  the  regular  system  of  government. 


SECESSION  MOVEMENT  OF  1852.  221 

6.  Finally,  let  me  bring  to  your  view  that  all  history  concurs  in  prov 
ing  that  liberty  cannot  long  be  preserved  in  a  consolidated  republic. 
The  great  balance  wheels  in  our  system  is  the  check  of  the  State  and 
Federal  governments.  All  our  statesmen — and  none  more  earnestly 
and  energetically  than  that  great  and  good  man,  Mr.  Calhoun — whom 
South  Carolina  has  so  long  followed  with  confidence,  have  urged  upon 
us  the  dangers  of  consolidation.  The  great  outcry  in  South  Carolina 
against  the  Federal  government  for  the  last  twenty  years  has  been  its 
tendency  to  consolidation.  The  real  cause  of  its  great  power  for  evil, 
on  the  subject  of  slavery,  is  that  it  has,  in  a  great  degree,  become  a  con 
solidated  government.  And  here,  in  the  face  of  all  this,  we  are  advised 
by  the  Secessionists  to  set  up  an  actual  consolidated  government  over  a 
small  area  of  30,000  square  miles,  without  check  or  balance — with  the 
whole  Federal  and  State  powers  of  the  present  ggvernment  in  the  same 
hands.  If  we  secede  alone  we  can,  of  necessity,  have' but  one  Legisla 
ture  and  one  Executive.  Domestic  and  foreign  policy  must  be  guided 
by  the  same  hands.  Patronage  and  power — the  sword  and  the  purse — 
must  all  be  delivered  to  the  same  chief  magistrate ;  and  if,  under  these 
circumstances,  liberty  can  be  preserved  in  South  Carolina,  it  must  be 
that  every  public  man  is  an  Aristides,  and  every  citizen  a  Phocion. 

"What,  then,  is  the  course  which  South  Carolina  should  pursue,  and 
what  is  the  counsel  which  the  Co-operationists  offer? 

We  ask  our  people  to  study  the  history  of  the  American  Revolution, 
and  we  recommend  them  to  follow  its  example.  Then,  as  now,  a  people 
foreign  to  our  interests  and  feelings,  assumed  the  right  to  govern  us. 
The  colonies  did  not  break  forth  into  individual  action.  But  they  had 
the  constancy  and  firmness  to  wait  for  each  other.  For  more  than  ten 
years  the  zealous  and  spirited  champions  of  liberty  checked  their  ardor, 
until  even  the  most  tardy  had  reached  conviction.  And  let  not  South 
Carolina  forget  that  so  late  as  the  1st  of  July,  1776,  she  was  herself  not 
ready  for  the  final  blow.  It  is  a  historical  fact  that  when  the  Declara 
tion  of  Independence  was  brought  up  for  action  on  1st  July,  it  was  post 
poned  at  the  instance  of  one  of  her  own  deputies,  in  the  Congress  of  1776> 
to  give  him  time  to  persuade  some  of  his  colleagues  into  the  measure. 
That  time  was  given,  and  South  Carolina,  with  all  her  representation,  is 
found  in  her  place  in  that  noble  company.  So,  now,  let  us  have  the  same 
consideration  for  our  brethren  in  the  South — let  us  cease  our  tauntings 
— respect  their  feelings,  even  though  they  be  prejudices,  and  remember 
that  nullification  has  done  thus  much,  at  least,  for  South  Carolina:  it 
has  enabled  her  to  calculate,  with  unprejudiced  eyes,  the  value  of  the 
Union.  In  all  such  enterprises  as  the  present,  where  a  great  people  are 
called  upon  to  re-model  existing  institutions,  there  must  be  time  al 
lowed.  There  must  first  be  concert  of  opinion ;  next  concert  in  council ; 
then  follows  concert  of  action.  This  is  the  order  of  nature,  and  it  can 
not  be  reversed.  True  wisdom  counsels  us  now  to  take  the  proper  meas- 


222  LIFE  AND  TIMES  OF  C.  G.  NEMMINGER.' 

ures  for  a  concert  of  opinion  at  the  South.  Then  let  a  common  council 
meet,  and  the  result  will  soon  follow  in  united  and  efficient  action. 
Then  will  the  South,  with  her  honor  untarnished  and  her  institutions 
secure,  stand  erect  before  the  world;  and  if  this  Union  shall  still  refuse 
to  protect  our  rights,  or  acknowledge  our  equality,  then  shall  wre  have 
the  will  and  the  means  to  declare  ourselves  their  enemies  in  war,  in 
peace  their  friends;  and  that  declaration  will  be  maintained. 

Iii  February  of  this  year,  Bishop  William  Capers,  of  the 
Methodist  Church,  having  completed  his  Episcopal  tour 
through  several  of  the  Southern  States,  returned  to  his  home 
in  Charleston,  to  find  his  people  in  Carolina  much  exercised 
by  the  political  discussions  then  going  on.  As  one  devoted 
to  the  best  interests  of  his  State,  he  beheld  with  alarm  the 
progress  of  a  revolutionary  spirit,  which,  in  his  judgment, 
threatened  the  destruction  of  the  State,  the  ruin  of  her  com 
mercial  prosperity,  and  the  social  peace  of  a  people  to  whom 
he  was  allied  by  the  holiest  and  strongest  ties  of  relation 
ship.  Under  these  circumstances  he  felt  it  his  duty  to  issue 
an  address  to  the  people  of  South  Carolina.  This  he  did 
through  the  Charleston  papers. 

His  address  was  extensively  circulated  and  republished  by 
the  journals  in  South  Carolina  and  throughout  the  South. 
I  reproduce  this  letter  here  as  a  companion  for  the  admira 
ble  and  statesmanlike  address  of  Mr.  Memmmger,  and  as  a 
part  of  the  history  of  these  stirring  times.  The  address  is 
taken  from  the  Charleston  Mercury  of  February  7,  1851 

To  my  Fellow- Citizens  of  South  Carolina: 

I  take  the  liberty  of  addressing  you,  through  the  newspapers,  on  a 
subject  of  a  different  character  from  what  has  hitherto  employed  me, 
and  I  do  so  the  more  readily,  as  my  life  guarantees  my  sincerity,  and  on 
your  part  personal  good  will.  It  is  the  first  time  that  I  have  ever  felt  it 
my  duty  to  express  publicly  an  opinion  on  any  matter  of  State  policy. 
Once,  indeed,  during  the  extreme  excitement  which  prevailed  in 
Charleston  on  the  subject  of  nullifying  a  law  of  Congress,  I  met  with  the 
clergy  of  ths  city  apart,  at  the  instance  of  some  venerable  citizens,  to 
consider  whether  there  was  anything  which  we  might  possibly  do,  in  our 
sacred  character,  to  promote  peace.  But  it  resulted  in  nothing.  We 
found  nothing  in  our  power  but  our  prayers  for  the  people.  Ministers  of 


SECESSION  MOVEMENT  OF  1852.  223 

religion  have  little  to  do,  at  any  time,  with  matters  of  State,  more  than 
to  pray  for  God's  guidance  and  blessing  on  the  people.  Nevertheless, 
ministers  are  men — are  citizens — and  it  may  be  expedient  once  in  a  life 
time  of  three-score  years  and  more  for  a  minister  to  appear  in  his  char 
acter  as  a  citizen  and  not  as  a  minister.  Suffer  me,  then,  for  this  one 
time,  to  assert  my  citizenship  and  commune  with  you  freely  on  the  state 
of  public  affairs.  I  am  a  citizen,  a  son  of  a  citizen,  born  on  the  soil  of 
South  Carolina  not  long  after  it  had  been  won  in  part  by  the  sword  of 
my  father. 

After  an  absence  of  about  five  months  on  my  sacred  duties  in  Ten 
nessee,  Mississippi,  Louisiana,  Alabama  and  Georgia,  I  cannot  express 
how  painfully  it  has  shocked  me  to  be  told,  on  my  return  home,  that  the 
great  State  measures  now  on  foot  look  solely  to  secession  from  the  United 
States  by  this  State  alone ;  that  the  convention  shortly  to  be  held  is  in 
order  to  accomplish  this  end,  and  that  the  only  question  to  be  open  then 
is  one  of  time — whether  to  secede  at  once,  or  await  the  issue  of  the  South 
ern  Congress  and  then  secede. 

To  secede  at  once,  or  at  a  future  time,  alone,  must  be  to  secede  from 
the  other  Southern  States  no  less  than  from  the  Northern.  It  must  be  a 
putting  of  the  other  Southern  States  in  fault — a  sort  of  branding  them 
as  deficient  in  knowledge,  or  courage,  or  patriotism,  or  all  these 
together.  They  are  involved  in  all  respects  as  we  are,  touching  the 
injustice  of  the  late  acts  of  Congress.  We  may  not  hold  ourselves  wiser 
nor  better  than  they  are,  but  as  equals  only;  and  they  are  many,  while 
we  are  comparatively  few.  .  And  what,  in  such  circumstances,  will  be 
the  probable  judgment  of  mankind,  respecting  our  action,  should  we 
secede  ? 

If  I  may  place  any  reliance  on  what  has  come  under  my  observation 
during  my  long  journey  through  five  of  tho  principal  Southern  States,  it 
is  not  probable  that  a  Southern  Congress,  representing  the  Southern 
people,  can  be  had  at  all ;  nor,  if  it  could  be  had,  that  it  would  do  much, 
if  anything,  more  than  the  Georgia  convention  did.  As  to  secession,  I 
have  no  doubt  that  three-fourths  of  the  people  would  oppose  it  at  the 
present  time.  The  reason  of  this  opposition,  I  have  understood  to  be, 
that  they  do  not  consider  the  acts  of  Congress  to  be  a  violation  of  the 
Constitution,  and,  in  their  opinion,  nothing  less  should  justify  secession. 
I  understand  it  to  be  the  opinion  of  our  people  of  South  Carolina  that 
Congress  has  violated  the  Constitution.  At  most,  then,  it  is  a  mooted 
point  and  not  a  settled  fact,  we  entertaining  one  view  of  it,  while  the 
majority  of  the  wise  and  virtuous  of  other  States,  greatly  outnumbering 
us,  hold  the  opposite.  Do  we  owe  them  nothing  ?  Is  it  not  even  due  our 
own  self-respect  to  review  the  matter  ?  Surely  we  should  know  that  we 
are  right,  beyond  dispute,  before  we  should  proceed  to  a  final  act  of  the 
most  fearful  import. 


224  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

And  ought  we  not  to  consider  consequences  ?  Patriotism  demands  of 
us  not  to  run  madly  on  to  our  country's  ruin,  and  secession  by  our  State 
alone  must  prove  ruinous.  What,  though  no  hostile  army  may  invade 
our  soil,  the  United  States  must  and  will  oppose  us.  Charleston  will  be 
shut  out  from  the  rest  of  the  wrorld ;  her  commerce  perish  ;  her  merchants 
leave  her  in  despair;  while  from  her  very  suburbs  our  rice  and  cotton 
shall  be  carried  to  Savannah  and  Augusta  for  a  market.  Even  now  the 
rivalry  of  Savannah  is  not  to  be  contemned,  but  let  our  State  secede 
from  the  Union  and  Charleston  must  become  a  desolation.  Nor  will  the 
blight  fall  on  Charleston  only,  but  on  all  the  State ;  while  our  taxes 
increased  seven-fold,  and  the  heat  of  the  present  agitation  cooling  off, 
our  very  leaders,  if  they  should  prove  too  proud  to  be  found  knocking  at 
the  door  of  the  Union  for  admission,  shall  join  the  many  thousands  of 
our  poverty-stricken  people  in  their  flight  from  their  ruined  homes  to 
more  favored  parts.  Can  patriotism  demand  the  sacrifice  ?  Patriotism 
demand  the  sacrifice  of  the  State!  No;  never! 

Let  us  then,  fellow-citizens,  review  our  ground.  If  a  convention  we 
must  have,  let  it  not  be  a  convention  of  boys  and  half-made  men,  but  of 
the  wise  and  sober-minded.  There  is  no  battle  to  be  fought  for  glory  by 
secession,  but  a  fearful  struggle  with  poverty,  high  taxes  and  hard 
times,  without  hope  of  improvement,  and  great  and  sore  humiliation. 
And  may  God  grant  us  deliverance. 

(Signed)  WILLIAM  CAPERS. 

Charleston,  February  6th,  1851. 


CHAPTER  VI. 
of  1852. 


|N  pursuance  of  the  act  of  the  Legislature  authoris 
ing  the  same,  elections  were  held  in  October  of  the 
year  1851  for  delegates  to  the  proposed  Congress 
of  the  Southern  States,  and  also  for  delegates  to  the  Con 
vention  of  the  people  when  the  same  should  be  called. by  the 
Governor.  The  Legislature  of  1851  fixed  the  time  for  the  as 
sembly  of  this  Convention  on  the  fourth  Monday  in  April, 
1852.  In  looking  over  the  list  of  the  delegates  elected  to 
this  most  important  Convention,  it  is  apparent  that  the  peo 
ple  had  selected  their  "  wise  and  sober-minded  "  men.  It 
was  indeed  a  notable  body,  composed  of  men  who,  in  the 
State's  service,  had  established  their  characters  for  wisdom 
and  moderation,  and%  were  honored  with  the  confidence  and 
respect  of  their  fellow-citizens.  This  Convention  is  most 
notable  in  the  history  of  the  State  for  having  very  wisely 
done  nothing.  Shortly  after  being  convened,  on  motion  of 
the  Hon.  Langdon  Cheves,  a  Committee  of  Twenty-one  was 
raised,  to  whom  was  referred  the  act  of  the  General  Assem 
bly  entitled  "  An  act  to  provide  for  the  appointment  of  Depu 
ties  to  a  Southern  Congress,  and  to  call  a  Convention  of  the 
people  of  this  State,"  with  instructions  to  consider  and  re 
port  upon  the  same.  The  president  of  the  Convention  an 
nounced  the  following  as  the  Committee  of  Twenty-one  pro 
vided  for  in  the  resolution: 

1.  Langdon  Cheves.         8.  J.  J.  Evans.  15.  J.  Buchanan. 

2.  J.  P.  Richardson.         9.  D.  L.  Wardlaw.  16.  F.  W.  Pickens. 

3.  W.  B.  Seabrook.  10.  Edward  Frost.  17.  E.  Bellinger,  Jr. 

4.  A.  P.  Butler.  11.  B.  F.  Dunkin.  18.  I.  W.  Hayne. 

5.  D.  E.  Huger,  12.  F.  H.  Wardlaw.  19.  W.  W.  Harlee. 

6.  R.  W.  Barn  well.  13.  B.  F.  Perry.  20.  Henry  Arthur. 

7.  J.  N.  Whitner.  14.  Maxey  Gregg.  21.  Samuel  McAliley. 

IS-  [  225  ] 


226  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

Pending  the  deliberations  of  this  committee,  several  reso 
lutions  were  introduced  and  debated,  and  votes  taken  which 
clearly  indicated  that  the  Conservative  or  Co-operation  party 
were  largely  in  the  majority.  On  the  fourth  day  of  the  ses 
sion  the  Committee  of  Twenty-one  submitted,  through  the 
Hon.  Langdon  Cheves,  the  following  report: 

The  Committee  of  Twenty-one,  to  whom  was  referred  an  act  to  pro 
vide  for  the  election  of  Deputies  to  a  Southern  Congress,  and  the  call  of 
a  Convention,  with  instructions  to  report  thereon,  respectfully  report 
that  they  have  considered  the  subject  referred  to  them,  and  have  con 
cluded  to  recommend  to  the  Convention  the  adoption  of  the  accompany 
ing  resolution  and  ordinance: 

Resolved  by  the  people  of  South  Carolina  in  Convention  assembled, 
That  the  frequent  violations  of  the  Constitution  of  the  United  States 
by  the  Federal  government  and  its  encroachment  upon  the  reserved 
rights  of  the  sovereign  States  of  this  Union,  especially  in  relation  to 
slavery,  amply  justify  this  State,  so  far  as  any  duty  or  obligation  to  her 
confederates  is  involved,  in  dissolving  at  once  all  political  connection 
with  her  co-States,  and  that  she  forbears  the  exercise  of  this  manifest 
right  of  self-government  from  considerations  of  expediency  only. 

An  Ordinance  to  declare  the  right  of  this  State  to  secede  from  the  Federal 

Union. 

We,  the  people  of  the  State  of  South  Carolina,  in  Convention  assem 
bled,  do  declare  and  ordain,  and  it  is  hereby  declared  and  ordained, 
That  South  Carolina,  in  the  exercise  of  her  sovereign  will  as  an  inde 
pendent  State,  acceded  to  the  Federal  Union,  known  as  the  United 
States  of  America;  and  that  in  the  exercise  of  the  same  sovereign  will 
it  is  her  right,  without  let,  hindrance  or  molestation  from  any  power 
whatever  to  secede  from  the  said  Federal  Union ;  and  that  for  the  suffi 
ciency  of  the  causes  which  may  impel  her  to  such  separation  she  is  re 
sponsible  alone,  under  God,  to  the  tribunal  of  public  opinion  among  the 
nations  of  the  earth. 

To  this  report  there  were  two  minority  reports — one  by 
the  Unionists,  submitted  by  Hon.  Benjamin  F.  Perry,  and 
one  by  the  Secessionists,  submitted  by  Hon.  Maxey  Gregg. 
Mr.  Memminger  asked  leave  of  the  Convention  to  read  a 
statement  of  his  own  opinions,  and  of  those  agreeing  with 
him,  and  moved  that  it  be  printed  and  laid  upon  the  table. 
Objection  was  made  to  printing,  but  the  document  was  re 
ceived  and  laid  upon  the  table. 


CONVENTION  OF  1852.  227 

This  statement  was  in  the  form  of  an.  argument  to  show 
that  while  secession  was  a  right  which  a  sovereign  State 
had,  that  its  exercise  was  not  necessarily  one  that  would  not 
be  resisted.  He  quoted  from  Mr.  Calhoun,  claiming  that 
the  only  just  consequence  of  the  State's  accession  to  the 
Federal  Union  as  a  sovereign,  was  in  her  right  to  resume  that 
sovereignty,  with  all  the  attributes  and  all  the  responsibili 
ties  of  a  sovereign  ;  and  that  as  a  sovereign  and  independent 
State  South  Carolina  had  entered  into  a  compact  with  other 
sovereign  States,  and  that  there  was  a  mutual  obligation  which 
all  were  bound  to  observe  and  to  perform  in  respecting  the 
rights  of  each  other.  He  held  that  the  State  was  the  judge 
of  the  sufficiency  and  the  justness  of  the  cause  which  would 
lead  her  to  abrogate  the  compact  of  association,  but  that  the 
other  States,  as  sovereign  parties  to  the  compact,  were  not 
of  necessity  bound  or  concluded  by  her  judgment,  having 
an  equal  sovereign  right  to  judge  for  themselves — and  that 
the  justice  of  the  cause  alone  can  make  the  abrogation  of 
the  compact  right.  There  being  no  rule  or  law  of  infalli 
bility,  the  other  States  might  conclude  that  the  cause  was 
insufficient ;  however  South  Carolina  might  determine  the 
matter,  and  if  they  should  so  hold,  there  being  no  tribunal 
among  sovereigns  to  which  resort  might  be  had  for  judg 
ment,  the  other  States  might,  and  in  his  opinion  would,  re 
sort  to  means  to  enforce  her  to  an  observance  of  the  com 
pact  and  to  hinder  her  from  abrogating  it  if  they  could  do 
so.  For  these  reasons  secession  to  Mr.  Memminger,  and  to 
those  who  thought  with  him,  meant  war/  and  he  was  unwil 
ling  to  move  until  the  State  was  ready  in  her  resources  for 
such  a  contingency.  The  report  of  the  Committee  of  Twenty- 
one  he  approved  with  this  amendment,  in  lieu  of  the  decla 
ration  that  the  State  had  the  right  "  without  let,  hindrance 
or  molestation"  to  secede  from  the  Union.  He  did  not  be 
lieve,  in  fact  he  was  assured,  that  South  Carolina  was  not 
prepared  to  meet  the  consequences  of  the  act,  and  that  the 


228  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEE. 

object  desired  to  be  accomplished  by  secession  could  only 
be  attained  by  the  united  action  of  all  of  the  Southern 
States  in  sympathy  with  the  movement. 

This  view  of  the  consequences  of  separate  State  action  is 
substantially  the  same  as  that  heretofore  placed  before  the 
reader  in  the  address  delivered  at  the  " Co-operation"  meet 
ing  in  Charleston. 

The  Secessionists  in  the  Convention  were  much  disap 
pointed  by  the  report  of  the  Committee  of  Twenty-one.  Sev 
eral  amendments  and  substitutes  were  offered,  but  the  con 
servative  members  of  the  Convention  were  largely  in  the 
majority,  and  voted  these  down  in  the  order  in  which  they 
were  submitted.  As  an  illustration  of  the  temper  that  per 
vaded  the  Secession  delegates,  I  extract  from  the  Journal  the 
following:  "Mr.  John  Bellinger  moved  to  amend  the  ma 
jority  report  by  adding  thereto  the  following  ordinance: 
'That  the  Legislature  of  South  Carolina  shall  have  the 
power,  by  a  vote  of  two-thirds  of  both  Houses  in  joint  ses 
sion,  accompanied  by  a  notification  to  the  other  States,  to 
withdraw  the  State  of  South  Carolina  from  the  Federal 
Union."' 

On  motion  of  Langdon  Cheves,  this  amendment  wras  laid 
upon  the  table  by  a  vote  of  96  ayes  to  60  noes.  Mr.  Robert 
Barnwell  Ehett  moved  to  amend  the  report  of  the  committee 
by  declaring  "  that  the  first  clause,  second  section,  of  the 
fourth  article  of  the  Constitution  of  the  United  States,  where 
by  it  is  provided  that  the  citizens  of  each  State  shall  be  en 
titled  to  all  the  privileges  and  immunities  of  citizens  of  the 
several  States,  should  be  rendered  null  and  void  within  the 
limits  of  South  Carolina  so  far  as  regards  the  citizens  of 
Massachusetts  and  Vermont,  and  it  should  be  the  duty  of 
the  Legislature  by  suitable  and  effective  provisions  and  pen 
alties  to  debar  and  exclude  the  citizens  of  those  States  from 
entering,  abiding  or  holding  property  within  the  State  after, 
the  ratification  of  this  ordinance." 


CONVENTION  OF  1853.  229 

This  amendment  was  rejected  by  a  vote  of  112  ayes  to  44 
noes. 

Mr.  Adams,  as  a  substitute  for  the  report  of  the  committee, 
offered  the  following  resolution: 

Resolved,  That  this  Convention  having  been  called  to  secede  from 
the  Union  on  account  of  the  past  aggressions  of  the  Federal  govern 
ment,  yielding  to  the  popular  vote  of  October  last  against  that  remedy, 
and  not  agreeing  on  any  other,  do  now  adjourn  sine  die. 

Laid  on  the  table. 

Finally,  the  report  of  the  Committee  of  Twenty-one  was 
adopted  as  the  action  of  the  Convention  by  a  vote  of  one 
hundred  and  thirty-six  to  nineteen. 

On  motion  of  the  Hon.  Langdon  Cheves,  the  Convention 
then  adjourned  sine  die,  and  was  declared  dissolved. 

Thus  ended  the  Secession  Movement  of  1850,  memorable 
only  as  the  advance  storm-cloud  of  the  revolution  that  was 
to  burst  upon  the  country  in  another  decade. 

At  the  session  of  the  Legislature  for  the  year  1852,  Mr. 
Memminger  was  appointed  one  of  the  electors  for  President 
and  Vice-Presideiit  of  the  United  States,  and  as  such  he  cast 
his  vote  for  Franklin  Pierce  and  AVilliam  R.  King.  It  was 
at  this  session  that  a  bill  was  introduced  by  Mr.  Edward 
McCrady  to  charter  the  Blue  Ridge  Railroad  Company,  an 
enterprise  designed  to  open  a  more  direct  communication 
between  Charleston  and  the  Northwestern  States.  This  en 
terprise  received  the  approval  and  active  co-operation  of 
Mr.  Memminger,  who  was  at  all  times  ready  to  advance  any 
public  movement  that  would,  in  his  judgment,  promote  the 
business  interests  of  Charleston  and  advance  the  general 
material  interests  of  the  State.  In  after  years  he  watched 
with  great  concern  the  progress  of  this  railroad,  which  he 
justly  regarded  as  a  most  important  commercial  highway, 
bringing  Charleston  nearer  by  many  miles  to  the  great 
trading  centres  of  the  Ohio  and  Mississippi  valleys  than  any 


230  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

railway  that  had  as  yet  been  projected.  He  advocated 
granting  State  aid  to  the  road  under  such  restrictions  as 
would  secure  the  State  against  loss,  and  as  would  enable  the 
management,  by  prudent  administration,  to  obtain  the  means 
necessary  for  the  expensive  and  difficult  work  of  crossing 
the  Blue  Ridge  mountains.  Unhappily,  Mr.  Memminger  was 
not  permitted  to  witness  the  completion  of  this  great  enter 
prise.  Either  from  mismanagement,  a  want  of  energetic 
action  on  the  part  of  the  directors,  or  deficient  engineering 
skill,  or  from  the  disastrous  results  of  the  civil  war — most 
probably  all  of  these  operating  as  causes — the  road  has  never 
been  completed  beyond  the  mountains.  The  great  tunnel 
beyond  Walhalla  seems  to  have  exhausted  all  resource  of 
money  and  energy,  and  to  have  proven  the  grave  of  this 
great  highway,  which  at  one  time  promised  to  make  Charles 
ton  the  great  seaport  of  the  South  Atlantic.  There  it  ends, 
amid  the  wilds  of  an  unproductive  mountain  region  and  in 
a  silent  recess  of  the  great  Appalachian  Chain. 

Mr.  Memminger  declined  to  stand  for  re-election  to  the 
House  of  Representatives  in  1853  and  1854,  but  was  returned 
as  a  member  for  the  session  of  1855,  and  resumed  his  place 
as  chairman  of  the  Committee  of  Ways  and  Means — a  post 
of  honor  and  of  usefulness  he  had  filled  with  great  credit  to 
himself  and  benefit  to  the  State  for  many  years.  It  was  at 
this  session  that  bills  were  introduced  to  alter  and  amend 
the  constitution  of  the  State  so  as  to  give  the  election  of  the 
Governor  and  Lieutenant-Governor  to  the  -people,  and  also 
to  allow  the  people  to  vote  directly  for  President  and  Vice- 
President  of  the  United  States.  These  officers,  by  a  con 
stitutional  provision  of  the  State,  thought  by  some  to  have 
been  undemocratic,  were  elected  by  the  Legislature,  a  meas 
ure  which  caused  Mr.  Clay  once  to  remark  that  South  Car 
olina  was  in  form  a  Republic,  while  the  other  States  were 
Democracies.  "While  these  measures  were  under  consideration 


CONVENTION  OF  1852.  231 

in  the  House,  Mr.  Memminger  presided  as  chaiman  of  the 
Committee  of  the   Whole. 

The  year  1857  is  memorable  in  the  history  of  the  United 
States  as  one  of  great  financial  depression,  the  result  of 
wild  speculations,  following  upon  the  discovery  of  gold  in 
California  and  the  rapid  settlement  of  the  Western  territo 
ries.  It  was  during  this  year  that  the  word  "  Panic  "  came 
to  be  applied  to  the  action  of  the  banks  and  other  financial 
institutions,  as  well  as  to  those  persons  who  alarmed  at  cer 
tain  unforeseen  events  suspended  specie  payments,  and 
who  in  many  instances  were  found  to  be  insolvent  when 
called  upon  to  respond  to  the  demands  of  their  depositors 
and  creditors.  This  "  panic  "  became  widespread,  reaching 
to  every  section  of  the  country  and  affecting  all  branches 
of  business.  So  general  was  the  feeling  of  mistrust  and  so 
great  the  depression  of  trade  that  the  intervention  of  the 
Federal  and  State  governments  was  sought  to  remedy  if 
possible  the  cause  of  the  evil  and  to  give  relief  to  the  coun 
try.  In  South  Carolina,  as  elsewhere  in  the  United  States, 
some  of  the  banks  suspended  specie  payments,  notwithstand 
ing  the  penalties  fixed  by  law  for  such  an  act,  and  in  many 
instances  business  establishments  were  closed  and  their 
proprietors  forced  into  bankruptcy.  Referring  to  this  un 
happy  state  of  affairs,  Governor  Alston,  in  his  message  to  the 
Legislature  used  the  following  language  : 

Regarding  the  recent  revulsion  in  finance  and  the  currency,  I  will 
not  attempt  to  enumerate  its  causes,  but  will  venture  to  direct  your  at 
tention  not  so  much  to  the  banks  as  to  the  system  of  banking.  A  sys 
tem  which  sanctions  the  issue  of  paper  money  to  so  large  an  amount, 
leading  to  inflated  credits,  inflated  prices,  extravagant  habits  of  living 
and  reckless  speculation,  may  be  supposed  calculated  to  produce  a  crisis 
sooner  or  later.  The  unhappy  sinking  of  a  ship  with  bullion  from  Cali 
fornia,  or  any  event  sufficiently  exciting  to  create  a  momentary  panic, 
was  enough  to  precipitate  it.  It  has  had  the  effect  to  paralyze  the  arm 
of  honest  industry  wherever  labor  is  opposed  to  capital — to  depress  the 
opening  market  for  produce — and  to  impair  the  confidence  between  man 


232  LIFE    AND  TIMES  OF  C.^G.  MEMMINGER. 

and  man.  The  banks  in  this  State  were  effected  by  the  common  panic, 
and  felt  the  pressure  severely — some  of  them  yielding  to  its  influence, 
have  suspended  specie  payments.  The  suspension  of  specie  payments 
by  a  bank  is  a  failure  to  redeem  its  notes  on  demand — a  forfeiture  of  its 
promise  to  pay  in  gold  or  silver,  current  coin,  the  full  value  of  every 
bill  issued  from  its  counter — a  promise,  on  which  is  based  .the  privilege 
granted  by  the  State  to  issue  bills  and  to  circulate  them  as  currency. 
However,  it  may  be  supposed  to  afford  present  relief  to  the  business  in 
terests  of  the  country,  which,  unfortunately  are  so  wound  up  with  the 
banks  as  to  suffer  inevitably  from  the  contraction  of  their  credits  and 
their  stringent  demands,  it  is  demoralizing  in  its  tendency. 

The  banks  of  this  State  with  which  I  am  at  all  familiar,  are  well  ad 
ministered.  Several  of  them  have  bravely  withstood  the  shock,  and  are 
prepared  to  do  a  legitimate  business  as  usual.  All  it  is  believed  are 
solvent.  If,  however,  there  be  some  so  dependent  on  the  banks  and 
brokers  of  New  York  as  to  fail  in  their  pledges  to  the  public,  when  the 
Northern  banks  fail,  it  is  their  misfortune  to  have  to  answer  for  the  sins 
of  others  as  well  as  for  their  own  mismanagement.  The  consequences 
to  the  quiet,  uninitiated  and  the  laboring  community,  are  alike  distrust 
and  loss,  leading  to  want  and  suffering,  too  often  to  moral  ruin  and 
crime. 

The  matter  of  the  suspension  of  specie  payment  by  the 
banks  being  under  consideration  by  the  House  of  Represen 
tatives,  Mr.  Memminger  offered  the  following  resolutions  : 

1.  Resolved,  That  the  issue  of  notes  as  currency  is  a  privilege  granted 
to  the  banks  upon  the  implied  condition  that  they  will  redeem  such 
notes  with  coin,  at  the  pleasure  of  the  holder ;  that  the  failure  to  per 
form  this  condition  justly  forfeits  the  privilege,  and  should  deprive  the 
banks  of  the  profits  arising  from  such  issues;  that  the  act  in  relation  to 
suspension  of  specie  payments  simply  contemplates  such  privation  in 
the  form  of  a  penalty  of  five  per  cent,  per  annum  upon  the  circulation  of 
each  suspended  bank,  and  the  State  should  insist  upon  payment  of  the 
same  so  long  as  the  banks  shall  continue  to  refuse  payment  in  specie. 

2.  That  the  paying  out  by  the  other  banks  of  the  notes  of  the  sus 
pended  banks  is  in  effect  the  issue  by  them  of  a  depreciated  currency 
instead  of  their  own  notes,  redeemable  in  coin,  and  is  a  plain  violation 
of  law,  for  which  proper  proceedings  should  be  instituted  by  the  Attorney- 
General  and  Solicitors. 

3.  That  the  supposed   convertibility  of  bank-notes  into  coin  at  the 
pleasure  of  the  holder  has  hitherto  been  relied  upon  to  secure  their  use 
as  currency,  but  the  suspension  now  in  existence  exhibits  the  failure  of 
this  security  and  renders  necessary  a  resort  to  increased  securities. 


CONVENTION  OF  1852.       .  233 

4.  That  one  of  the  chief  causes  of  these  convulsions  is  to  be  found  in 
the  power  to  expand  and  contract  the  currency,  which  is  exercised  at 
pleasure  by  every  bank  of  issues,  and  that  the  first  step  towards  preven 
tion  should  be  to  limit  or  withdraw  this  power. 

5.  That  a  withdrawal  of  the  power  would  involve  the  adoption  of  an 
entire  metallic  currency,  or  a  circulation  of  the  bank  notes  of  other 
States;  both  of  which  schemes  being  obviously  impracticable  or  inexpe 
dient,  we  are  brought  to   the  alternative  of  providing  some  efficient 
checks  and  limitations  to  a  proper  currency. 

6.  That  among  these  checks  one  of  the  most  salutary  is  to  foe  found 
in  a  reduction  of  the  amount  of  paper  circulation  by  filling  the  channels 
of  trade  with  the  smaller  coins,  and  inasmuch  as  paper  of  the  same 
denominations  will  always  displace  coin,  it  becomes  necessary  to  with 
draw  from  circulation  bank-notes  of  the  smaller  denominations ;  that  to 
this  end  all  the  banks  of  this  State  should  be  required  to  withdraw  from 
circulation  within  two  years  all  notes  under  five  dollars,  and  within 
three  years  all  notes  under  ten  dollars. 

7.  That  to  make  this  measure  more  effective  it  should  be  proposed  to 
the  neighboring  States  of  Georgia  and  North  Carolina  to  place  a  like 
restriction  on  the  issues  of  their  banks. 

8.  That  the  proper  limitations  to  a  paper  currency  are  such  as  would 
attach  to  it,  as  early  as  possible,  the  essential  features  of  a  currency  in 
coin,  amongst  which  the  most  important  are  ajctual  exchangeable  value 
and  comparative  freedom  from  fluctuation. 

9.  That  the  first  feature,  to-wit,  an  actual  exchangeable  value,  may 
be  secured  by  requiring  each  bank,  in  addition  to  the  provision  requisite 
to  redeem  its  issues  in  coin,  to  deposit  as  collateral  security  for  their 
redemption  an  equivalent  amount  of  public  stocks ;    and  the  second 
feature  may  be  secured  by  limiting  the  total  amount  of  bank-notes 
issued  to  that  sum  which  experience  has  settled  to  be  the  circulation, 
which,  under  any  circumstances,  will  remain  current  in  our  State ;  that 
each  bank  should  be  permitted  to  issue  no  more  than  its  ratable  part  of 
this  sum  in  proportion  to  its  capital,  except  upon  the  deposit  of  coin  to 
an  equal  amount  set  apart  for  the  redemption  of  such  increase. 

10.  That  to  carry  into  effect  the  last  mentioned  measure,  the  mini 
mum  circulation  of  the  State  shall  be  ascertained  as  nearly  as  practica 
ble,  and  each  bank  shall  substitute  for  its  present  issues  a  new  circula 
tion  to  the  extent  prescribed  by  the  last  resolution,  to  be  countersigned 
by  a  proper  officer  upon  the  deposit  with  him  of  stocks  or  bonds  of  this 
State  or  the  United  States,  or  of  the  city  of  Charleston  or  Columbia,  to 
an  equal  market  value  with  the  new  circulation  by  the  bank  entitled  to 
the  same,  which  deposit  shall  be  applicable  to  the  redemption  of  the 
issues  of  each  bank  in  addition  to  the  securities  already  provided  by 
law;  and  that  .further  issues  of  bank-notes  shall  be  allowed  to  any  bank, 


234  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

to  be  contersigned  as  above,  upon  the  deposit  of  an  equal  amount  of  coin 
or  bullion  with  the  same  depository,  pledged  for  the  redemption  of  such 
additional  issue. 

11.  That  a  free  competition  for  the  use  of  money  is  the  proper  means 
for  placing  at  their  just  value  the  rates  of  interest  and  exchange;  that 
to  this  end  the  restrictions  now  imposed  upon  the  rates  of  discount  and 
interest  charged  by  the  banks  should  be  removed  from  all  actual  specie- 
paying  banks,  saving  that  each  bank  be  required  to  advertise  its  rates 
and  to  charge  them  uniformly  upon  all  dealers;  and  also  that  no  bank 
shall  divide  more  than  seven  per  cent,  per  annum  among  its  stock 
holders,  reserving  besides,  if  it  see  fit,  a  fund  not  exceeding  ten  per 
cent,  upon  its  capital  to  pay  losses  and  to  provide  for  regular  divi 
dends. 

These  resolutions  were  subsequently  embodied  by  Mr. 
Memminger  in  a  "  Bill  to  regulate  the  issue  of  bank-bills  "; 
which  became  a  law  of  the  State  at  this  session  of  the  Leg 
islature. 

The  conservative  course  pursued  by  the  Convention  of 
1852  did  not  in  the  least  check  the  aggressive  spirit  of  the 
abolitionists  of  New  England  and  some  other  of  the  North 
ern  States.  On  the  contrary,  if  it  had  any  perceptible  effect, 
judging  from  their  proceedings,  it  was  but  to  increase  the 
energy  with  which  they  assailed  the  institution  of  slavery. 
The  "  Free-Soil "  Party  had  not  only  been  formed  as  a  polit 
ical  organization,  but  year  after  year  it  continued  to  grow 
with  surprising  strength,  absorbing  the  old  "  Liberty  Party," 
and,  in  fact,  uniting  in  its  energetic  organization  all  other 
political  factions  having  the  abolition  of  slavery  as  their 
chief  end  and  determined  purpose.  The  "  American  Anti- 
Slavery  Society,"  at  Philadelphia,  and  the  "American  Abo 
lition  Society,"  at  Boston,  were  used  as  powerful  auxiliaries. 
Extensive  publishing  houses,  under  the  auspices  of  these 
societies,  were  sending  out  an  immense  number  of  anti- 
slavery  documents  containing  the  most  sensational,  and,  in 
the  majority  of  instances,  the  most  exaggerated  accounts  of 
the  cruelty  to  which  the  slaves  were  subjected,  and  appealing 
to  the  religious  sentiment  of  the  people  in  the  most  inflam- 


CONVENTION  OF  1852.  235 

matory  terms  of  fanaticism.  Under  the  influence  of  emis 
saries  sent  in  various  guises  from  these  societies  insurrec 
tions  were  encouraged,  and  a  great  number  of  slaves  induced 
to  leave  their  owners  and  homes  to  risk  the  hospitality  and 
benevolent  sympathies  of  their  alleged  friends  amid  the 
snows  of  New  England  and  Canada.  It  is  estimated  that 
up  to  1860  more  than  thirty  thousand  slaves  had  in  this 
way  found  an  asylum  in  Canada.  If  pursued,  the  master 
was  not  only  maltreated  and  baffled  by  the  officers  of  the 
law,  but  in  more  than  one  instance  lost  his  life,  while  his 
slave  became  the  hero  of  some  romantic  novelist.  Resolu 
tions  condemning  the  institution  of  slavery  as  a  relic  of  bar 
barism,  insulting  in  the  extreme  to  the  owners  of  slaves  and 
to  the  States  who  recognized  the  legal  or  moral  right  to  hold 
persons  in  slavery,  were  passed  by  the  legislatures  of  Ver 
mont,  Massachusetts,  New  Hampshire,  and  by  others  of  the 
free  States.  These  resolutions,  with  an  audacity  which  none 
but  a  New  England  fanatic  could  evince,  were  sent  to  the 
governors  and  legislatures  of  the  slave  States,  and  scattered 
broadcast  throughout  the  country.  Petitions,  by  the  scores, 
were  sent  to  Congress  from  almost  every  town,  village  and 
hamlet  in  the  Northern  States  bewailing  the  sinfulness  of 
slavery,  and  praying' Congress  to  interpose  by  legislation 
for  its  suppression.  Governor  Adams,  in  his  message  to  the 
Legislature  of  1855,  referring  to  the  resolutions  sent  to  him, 
says  : 

I  herewith  transmit  resolutions  from  the  States  of  Rhode  Island  and 
Connecticut.  I  received  certain  resolutions  from  the  State  of  Massa 
chusetts,  which  I  returned  to  the  Governor  of  that  State.  Had  Massa 
chusetts  confined  herself  to  resolutions  expressive  of  her  feelings  and 
purposes  in  relation  to  slavery,  impertinent  as  I  may  have  regarded 
them,  I  would  have  received  them  with  indifference  and  transmitted 
them  without  comment;  but  I  consider  the  acts  of  her  late  Legislature 
as  an  insult  and  an  outrage  upon  every  member  of  the  confederacy,  who 
has  a  right  to  demand  the  enforcement  of  the  fugitive  slave  act.  A 
State  whose  Legislature  deliberately,  unblushingly,  impiously  violates 


236  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

her  constitutional  obligations,  and  whose  people  resist  the  execution  of 
law,  even  to  the  shedding  of  blood,  is  not  entitled  to  comity  from  us,  and 
I  feel  that  I  would  have  betrayed  the  dignity  of  my  trust  had  I  hesitated 
to  affix  on  such  conduct  the  seal  of  official  condemnation.  The  inter 
change  of  civilities  with  a  people  who  feel  it  to  be  no  dishonor  to  pre 
vent  the  recovery  of  stolen  property,  will  hardly  reclaim  the  faithless, 
and  is  incompatible  with  the  respect  which  honesty  owes  to  itself. 

The  agitation  in  relation  to  slavery  continues  to  increase  and  is 
rapidly  tending  to  its  bloody  termination.  Measures  which  it  was  hoped 
by  some  would  give  quiet  to  the  country,  and  dignity  to  its  delibera 
tions,  have  served  but  to  redouble  the  efforts  and  augment  the  power  of 
abolition.  Civil  war  is  a  direful  calamity,  but  its  scourges  are  to  be 
endured  in  preference  to  degradation  and  ruin.  The  people  of  South 
Carolina  are  alive  to  the  issue  and  are  mindful  of  their  obligations. 
They  are  calm  because  they  are  prepared  and  self-reliant.  They  have 
not  forgotten  their  history  and  they  will  not  fail  to  vindicate  its  teach 
ings.  The  right  "  to  provide  new  guards  for  their  future  security  "  has 
been  sealed  by  the  blood  of  their  ancestors  and  it  will  never  be  surren 
dered.  Come  what  may,  "  they  will  do  their  duty  and  leave  the  conse 
quences  to  God." 

Again,  in  his  message  to  the  Legislature  of  1856,  he  says: 

I  have  received  "  resolutions  of  the  Legislature  of  New  Hampshire  in 
relation  to  the  late  acts  of  violence  and  bloodshed  perpetrated  by  the 
slave  power  in  the  Territory  of  Kansas  and  at  the  National  Capital."  In 
the  exercise  of  a  discretion  which  I  think  rightfully  appertains  to  the 
Executive  department,  I  decline  to  lay  these  resolutions  before  your 
honorable  bodies.  I  care  not  what  may  be  the  theory  of  State  inter 
communication,  I  will  not  submit  to  be  made  the  medium  of  transmit 
ting  from  any  quarter  an  insult  to  my  own  State.  The  Constitution 
imposes  no  such  duty  on  the  Executive.  The  usage  of  the  better  days 
of  the  republic  commands  my  respect,  but  it  cannot  reconcile  me  to  acts 
of  courtesy  to  those  who  would  gloat  in  seeing  the  torch  applied  to  our 
dwellings  and  the  knife  to  our  throats. 

Later  on,  in  the  year  1859,  referring  to  the  resolutions 
sent  to  him,  Governor  Alston  uses  the  following  language: 

Herewith  I  transmit  resolutions  from  the  Legislatures  of  certain 
States  of  the  Confederacy.  Those  from  New  York  and  New  Jersey  relate 
to  the  Lighthouse  Board  and  to  certain  provisions  for  the  relief  of  per 
sons  and  property  shipwrecked  on  the  coast;  those  from  Texas,  ex 
pressing  sentiments  of  common  interest  to  our  citizens,  will  command 
your  attention ;  those  from  New  England  denounce,  as  usual,  OUT  sys- 


CONVENTION  OF  1852.  237 

tern  of  domestic  slavery,  together  with  the  late  decision  of  the  Supreme 
Court.  This  species  of  agitation,  sectional  and  disorganizing,  proceeds 
from  persons  who  seem  to  be  incapable  of  entertaining  just  sentiments 
towards  their  neighbors,  the  people  of  the  Southern  States.  True  lib 
erty  consists  in  the  will  and  the  power  to  perform  our  duty  to  God  and 
to  our  neighbor.  His  service  is  only  perfect  freedom.  The  members  of 
a  Legislature  who  can  thus  resolve  to  desecrate  the  name  of  free 
dom  and  pervert  its  meaning,  by  harboring  such  feelings  towards 
their  neighbors  who  sanction  and  cherish  African  slavery  as  a  domestic 
institution,  inherited  from  their  fathers,  expose  themselves  to  the 
imputation  of  being  faithless  to  the  Constitution  from  the  preamble  of 
which  they  quote.  The  resolutions  do  not  merit  a  response  on  your 
part.  "  One  of  the  expedients  of  party  to  acquire  influence  in  their  par 
ticular  districts  is  to  misrepresent  the  opinions  and  aims  of  other  dis 
tricts." 

In  the  meantime  the  celebrated  case  of  Dred  Scott  versus 
Sanford  was  before  the  Supreme  Court  of  the  United  States 
OD  appeal  from  the  Circuit  Court  of  Missouri.  Dred  Scott, 
who  was  held  as  a  slave  in  Missouri,  brought  suit  to  recover 
his  freedom,  claiming  this  freedom  on  the  ground  that  he 
had  been  brought  into  territory  made  free  by  the  act  of 
Congress,  commonly  known  as  the  "  Missouri  Compromise." 
No  case  that  had  been  brought  before  the  Supreme  Court 
created  more  comment  at  the  time,  or  produced  more  excite 
ment,  when  the  decision  of  the  court  was  announced.  Chief- 
Justice  Taney,  in  an  elaborate  opinion,  reviewed  the  whole 
question  raised  by  this  case.  He  held  "  that  for  more  than 
a  century  previous  to  the  adoption  of  the  Declaration  of 
Independence  negroes,  whether  slaves  or  free,  had  been  re 
garded  as  being  of  an  inferior  order,  and  altogether  unfit  to 
associate  with  the  white  race  either  in  social  or  political  re 
lations,  and  so  far  inferior  that  they  had  no  rights  which 
the  white  man  was  bound  to  respect."  The  court  also,  in 
this  case,  considered  the  question  as  to  whether  Congress 
had  the  right  to  exclude  slavery  from  the  territories  of  the 
Union,  and  denied  the  power.  This  decision  exasperated 
the  abolitionists  and  excited  them  to  greater  extremes  than 


238  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

ever  before  in  their  fanatical  zeal.  The  fugitive  slave  law 
was  made  practically  a  nullity.  No  court  at  the  North  would 
enforce  it,  and  no  man's  life  was  safe  from  mob  violence 
who  would  attempt  by  force  to  recover  his  fugitive  slave. 

Thus,  as  the  years  passed  by,  the  estrangement  between 
the  sections,  North  and  South,  grew  more  and  more  decided. 
The  discussions  in  the  Senate  on  the  Kansas-Topeka  Con 
stitution  served  only  to  increase  the  bitterness  of  feeling 
between  the  sections,  while  the  partisan  collisions  in  the 
Territories  greatly  inflamed  the  passions  of  the  people  at  the 
North  and  in  the  South.  Following  the  desperate  attempt 
of  John  Brown,  a  zealous  abolitionist,  to  incite  the  negroes 
to  insurrection  at  Harper's  Ferry,  in  Virginia,  came  the  con 
ventions  of  the  several  political  parties  to  nominate  candi 
dates  for  the  Presidency  of  the  United  States.  Thus  had 
the  aggressive  spirit  of  the  abolitionists  aroused  the  spirit 
of  the  Southern  people,  and  thus  had  they  been  stimulated 
to  resist  the  encroachments  made  upon  their  rights  of  prop 
erty  by  an  open  and  declared  foe  when  the  season  arrived 
for  the  assembling  of  their  legislatures. 

Referring  to  the  Federal  relations  of  the  State  of  South 
Carolina,  Governor  Gist,  in  his  message  to  the  Legislature 
of  1859,  thus  presents  the  state  of  affairs  : 

Admonished  by  the  action  of  the  Legislature  in  relation  to  certain 
resolutions  which  were  returned  without  comment  to  the  State  from 
whence  they  came  by  one  of  my  predecessors,  I  herewith  transmit  cer 
tain  resolutions  from  the  State  of  Vermont,  affirming  the  right  of  Con 
gress  to  exclude  slavery  from  the  territories  of  the  United  States,  and 
expressing  the  opinion  that  it  is  the  duty  of  Congress  to  exercise  this 
right;  and  that  Vermont  will  continue  to  resist  the  admission  of  new 
slave  states  into  this  Union,  and  will  seek  the  abolition  of  slavery  at 
the  National  Capital.  Also  asserting  that  the  decision  of  the  Supreme 
Court  in  the  Dred  Scott  case,  has  no  warrant  in  the  Constitution,  and  is 
not  binding  upon  Vermont  or  the  people  of  the  United  States.  These 
resolutions  not  only  embody  the  opinions  of  Vermont,  but  of  all  the 
non-slave-holding  States ;  and  the  signs  of  the  times  clearly  indicate  an 
approaching  crisis  in  the  destinies  of  the  South.  The  war  so  relent- 


CONVENTION  OF  1852:  239 

lessly  urged  against  our  institutions  has  assumed  a  form  so  menacing 
that  none  but  those  who  are  willfully  blind  can  fail  to  see  the  dangers 
that  surround  us,  and  the  perils  to  which  we  are  exposed.  A  small 
party  at  the  North,  numbering  at  first  only  a  few  fanatics,  has  assumed 
gigantic  proportions;  and  with  very  few  exceptions,  the  entire  Northern 
people  are  arrayed  against  us,  and  pledged  to  our  destruction.  Not 
satisfied  with  the  slow  but  certain  measures  in  progress  to  reduce  us  to 
worse  than  colonial  vassalage,  by  refusing  to  admit  slave  States  into  the 
Union — by  the  establishment  of  underground  railroads  to  assist  our 
negroes  to  escape  from  our  service — by  prohibiting  us  from  carrying  our 
slaves  into  the  common  territories,  and  by  every  other  conceivable 
means,  they  have  actually  crossed  the  Rubicon — attempting  to  instigate 
our  slaves  to  insurrection,  and  furnished  them  with  arms  to  murder  us 
on  Southern  soil.  Harper's  Ferry  is  the  truthful  illustration  of  the  first 
act  of  the  drama  to  be  performed  on  a  Southern  theatre,  and  if  the  South 
does  not  now  unite  for  her  defense,  we  will  deserve  the  execration  of 
posterity,  and  the  blood  that  has  been  shed  will  bear  a  disgraceful  and 
humiliating  record  against  us.  The  intention  of  the  North  is  as  clearly 
evinced  by  the  action  of  the  few,  and  more  especially  when  that  action 
is  ratified  and  approved  by  the  press  and  people  of  the  non-slaveholding 
States,  as  if  they  had  sent  forth  their  multitudes  in  the  treasonable  and 
incendiary  attack  upon  the  South.  Can  we  then  any  longer  talk  about 
moderation  and  conservatism,  and  statesmanship,  and  still  hug  the  de 
lusive  phantom  to  our  breast  that  all  is  well,  and  that  the  Democratic 
party,  upon  whom  we  have  too  confidently  relied,  will  work  out  our  sak 
vation  by  platforms  and  resolutions  ?  As  well  might  we  rely  upon  3 
paste- board  barque  to  protect  us  from  ocean  storms.  South  Carolina 
should  be  careful  not  to  commit  herself,  directly  or  indirectly,  to  any 
presidential  aspirant  and  be  forced  by  party  trammels  to  support  a 
party  nominee.  An  open  and  undisguised  enemy  is  infinitely  prefera 
ble  to  a  pretended  friend,  and  we  should  scorn  the  alternative  of  a 
choice  of  evils,  as  being  but  the  poor  privilege  of  a  slave  to  choose  a 
master.  We  have  sunk  very  low,  indeed,  if  our  liberties  are  to  depend 
upon  the  fortunate  selection  of  a  candidate  for  the  presidency,  who  on 
account  of  his  popularity  or  his  mysterious  manner  of  expressing  his 
opinions,  makes  himself  acceptable  to  both  sections,  or  is  \vhat  is  gen 
erally  termed  available. 

It  is  unbecoming  a  free  people  to  stake  their  liberties  upon  the  suc 
cessful  jugglery  of  party  politicians  and  interested  office-seekers,  rather 
than  a  bold  and  determined  resolution  to  maintain  them  at  every  haz 
ard.  In  the  eloquent  language  of  our  own  McDuflie,  to  whom  were  uni 
versally  accorded  honesty,  patriotism  and  disinterestedness,  "Let  us 
cherish  and  preserve  the  reputation  we  have  nobly  acquired,  as  the  Ro 
mans  did  their  vestal  fire.  Let  no  statesman  of  South  Carolina  tarnish 


240  LIFE  AND .  TIMES, OF,  C.^  G.MEMMINGER. 

her  glorious  escutcheon  by  enlisting  as  a  partisan  under  the  banner  of 
any  of  those  political  chiefs  who  are  grasping  at  the  Presidential  scepter. 
The  political  principles  and  peculiar  institutions  of  the  State  may  be 
sold  and  sacrificed,  but  most  assuredly  they  can  never  be  preserved  by 
such  degrading  partisanship.  South  Carolina,  and  all  the  States  having 
similar  institutions,  must  not  put  their  trust  in  presidents;  but  look  to 
their  own  power  and  principles  for  the  security  of  their  rights  and  insti 
tutions.  They  are  in  a  permanent  minority  on  all  questions  affecting 
those  rights  and  institutions,  and  whoever  may  exercise  the  powers  of 
the  Chief  Magistracy,  they  will  be  exercised  in  obedience  to  the  will  of 
the  adverse  majority."  What,  then,  it  may  be  asked,  should  South  Caro 
lina  do  in  view  of  the  crisis  now  approaching  (and,  in  my  opinion,  fear 
fully  near),  to  save  her  institutions  from  destruction  and  afford  safety 
and  security  to  her  people?  Would  to  God  I  were  able  to  give  a  satis 
factory  answer  to  this  momentous  question,  and  thus  be  the  humble  in 
strument  to  avert  the  impending  danger;  but  I  must  confess  my  utter 
inability  to  point  out  the  path  of  honor  and  safety,  in  the  midst  of  the 
difficulties  that  surround  us.  With  an  united  South  our  course  would 
be  clear,  and  our  future  glorious;  we  could  enforce  equality  in  the 
Union,  o*r  maintain  our  independence  out  of  it.  If,  as  I  solemnly  be 
lieve,  we  can  no  longer  live  in  peace  and  harmony  in  the  Union — not 
withstanding  the  associations  of  the  past  and  the  remembrance  of  our 
common  triumphs  (being  treated  as  enemies  and  aliens,  rather  than 
brethren  of  the  same  family,  and  heirs  of  the  same  inheritance,  by  the 
North),  wre  can  form  a  confederacy  with  ability  to  protect  itself  against 
any  enemy,  and  command  the  respect  and  admiration  of  the  world. 
This  proud  position  is  only  to  be  obtained  by  a  strict  adherence  to  law 
and  duty;  and  while  South  Carolina  insists  on  the  other  States  carrying 
out  their  constitutional  obligations,  she  should  be  careful  to  do  her 
whole  duty,  and  carry  out  in  good  faith  all  her  obligations  to  her  sister 
States  and  the  Federal  government,  by  discouraging  all  attempts  to 
evade  the  laws,  under  any  pretence  whatever.  While  in  the  Union  we 
should  comply  with  all  the  laws  of  Congress  until  they  are  pronounced 
unconstitutional  by  the  Supreme  Court,  or  our  people  are  released  from 
their  binding  obligations  by  the  constituted  authorities  of  the  State; 
and  it  would  be  an  arrogant  assumption  on  the  part  of  individuals  to 
set  up  their  opinions  of  the  constitutionality  of  a  law  as  their  rule  of 
action.  We  should  not  imitate  the  example  of  the  North  in  setting  up 
a  "higher  law,"  but  retain  the  proud  position  we  have  always  occupied, 
and  it  will  give  self-satisfaction,  an  approving  conscience,  and  moral 
power  to  achieve  victory.  In  preparing  for  any  emergency  that  may 
arise,  I  would  respectfully  recommend  you,  at  an  early  period,  to  take 
such  measures  as,  in  your  wisdom,  you  may  deem  proper  and  expedient 
to  obtain  the  co-operation  of  the  Southern  States  in  concerted  action 


CONVENTION  OF  1852.  241 

in  defense  of  our  institutions,  whenever  they  may  be  put  in  jeopardy  by 
all  the  departments  of  the  government  passing  into  the  hands  of  our 
enemies.  The  election  of  a  black  Eepublican  President  will  settle  the 
question  of  our  safety  in  the  Union  ;  and  although  the  forms  of  the  Con 
stitution  may  be  complied  with,  its  vital  principle  will  be  extinguishedj 
and  the  South  must  consent  to  occupy  an  inferior  and  degrading  posi 
tion,  or  seek  new  safeguards  for  her  future  security.  Let  South  Caro 
lina  exhaust  every  means  to  get  the  co-operation  of  the  Southern  States 
in  this  vital  and  important  movement,  yielding  everything  but  princi 
ple  for  that  purpose,  prepared  to  follow  any  lead  in  resistance,  but  she 
should  never  forget  that  she  is  a  sovereign  and  an  equal — that  by  her 
sovereign  act  she  created  the  relationship  of  the  State  that  now  exists 
in  the  Federal  Union,  and  that  she  has  a  clear  and  unquestionable  right 
to  resume  her  position  as  a  sovereign  in  the  family  of  nations. 

Relying  confidently  upon  a  just  God,  who  has  hitherto  dealt  so  kindly 
with  us  as  a  State,  to  sustain  us  in  the  trying  emergency  we  may  be 
called  to  pass  through,  let  us  in  all  sincerity  invoke  a  continuance  of 
His  favor  and  support. 

Several  resolutions  and  reports  from  special  committees 
were  presented  with  regard  to  the  Federal  relations  of  the 
State,  and  were  for  some  time  under  discussion.  As  a  sub 
stitute  for  them  all,  and  as  embodying  in  substance  their 
general  sense,  Mr.  Memminger  offered  the  following  resolu 
tions  : 

Whereas,  the  State  of  South  Carolina,  by  her  ordinance  of  1852, 
affirmed  her  right  to  secede  from  the  confederacy  whenever  the  occa 
sion  should  arise  justifying  her,  in  her  own  judgment,  in  taking  that 
step ;  and  in  the  resolution  adopted  by  her  Convention,  that  she  forebore 
the  immediate  exercise  of  that  right  from  considerations  of  expediency; 
and,  whereas,  more  than  seven  years  have  elapsed  since  that  Conven 
tion  adjourned,  and  in  the  intervening  time  the  assaults  upon  the  insti 
tution  of  slavery,  and  upon  the  rights  and  equality  of  the  Southern 
States  have  unceasingly  continued  with  increasing  violence,  and  in  new 
and  more  alarming  forms :  be  it,  therefore, 

Resolved,  unanimously,  That  South  Carolina,  still  deferring  to  her 
Southern  sisters,  nevertheless  respectfully  announces  to  them  that  it  is 
the  deliberate  judgment  of  this  General  Assembly  that  the  slave-hold 
ing  States  should  immediately  meet  together  to  concert  measures  for 
united  action. 

Resolved,  unanimously,  That  the  foregoing  preamble  and  resolutions 
be  communicated  by  the  Governor  to  all  the  slave-holding  States,  with 
16 


242  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

the  earnest  request  of  this  State  that  they  will  appoint  deputies 
and  adopt  such  measures  as,  in  their  judgment,  will  promote  the  said 
meeting. 

Eesolved,  unanimously,  That  a  special  committee  be  appointed  by 
his  Excellency,  the  Governor,  to  communicate  the  foregoing  preamble 
and  resolutions  to  the  State  of  Virginia,  and  to  express  to  the  authori 
ties  of  that  State  the  cordial  sympathy  of  the  people  of  South  Carolina 
with  the  people  of  Virginia,  and  their  earnest  desire  to  unite  with  them 
in  measures  of  defense. 

Eesolved,  unanimously,  That  the  State  of  South  Carolina  owes  it  to 
her  own  citizens  to  protect  them  and  their  property  from  every  enemy, 
and  that,  for  the  purpose  of  military  preparation  for  any  emergency; 
the  sum  of  one  hundred  thousand  dollars  be  appropriated  for  military 
contingencies. 

The  resolutions  were  immediately  considered  and  unani* 
mously  adopted;  the  vote  being  119  to  0. 

In  compliance  with  the  provisions  of  these  resolutions, 
Governor  Gist  appointed  Mr.  Memminger  as  Commissioner 
from  South  Carolina  to  the  State  of  Virginia. 

The  selection  of  Mr.  Memminger  was  universally  approved 
in  South  Carolina.  His  conservative  views,  dignified  and 
conciliatory  spirit,  thorough  knowledge  of  the  questions  to 
be  considered,  and  the  universal  respect  for  his  spotless 
personal  character,  gave  him  an  approach  to  the  people  of 
Virginia,  through  their  General  Assembly,  that  but  few  men 
from  the  extreme  South  could  have  secured.  As  an  evi 
dence  of  the  appreciation  of  Mr.  Memminger's  worth  as  a 
statesman  and  a  citizen,  I  present  the  following  extract 
from  the  Richmond  Examiner  of  January  3,  1860,  with  this 
remark,  that  an  editorial  endorsement  of  a  leading  metro 
politan  journal  in  those  days  was  nearer  the  highest  stand 
ard  of  social  and  intellectual  values  (erected  in  Southern 
journalism)  than  it  has  been  known  to  be  since,  unhappily 
for  the  ethics  of  the  press: 

Pursuant  to  these  resolutions,  Governor  Gist,  of  South  Carolina,  has 
appointed  Col.  C.  G.  Memminger  a  Commissioner  on  behalf  of  that  State 
to  express  to  the  authorities  of  this  State  the  cordial  sympathy  of  the 


CONVENTION  OF  1852.  243 

people  of  South  Carolina  with  the  people  of  Virginia  and  their  earnest 
desire  to  unite  with  them  in  measures  of  defense.  The  resolutions  in 
question  have  evidently  and  prominently  for  their  object  the  speedy  and 
united  action  of  the  slave-holding  States  for  concert  of  action  and  mutual 
protection  against  Northern  aggression.  Such  resolutions,  emanating 
from  the  Legislature  of  a  chivalrous,  noble  and  gallant  State  like  that 
of  South  Carolina,  will  doubtless  receive  the  most  respectful  and  earnest 
attention  from  the  Governor  and  Legislature  of  Virginia. 

The  Commissioner  selected  by  the  Governor  of  South  Carolina  to 
carry  out  the  important  duties  assigned  to  him  by  the  above  resolu 
tions  will  reach  Richmond,  in  a  few  days,  and  merits,  as  he  will  doubt 
less  receive,  the  most  distinguished  attention  of  the  Legislature.  He 
should,  as  a  matter  of  course,  be  received  as  the  guest  of  the  State,  and 
an  invitation  extended  to  him  to  address  the  Legislature  upon  the  impor 
tant  object  of  his  mission. 

Colonel  Memminger  has  for  many  years  been  esteemed  the  most 
accomplished  and  able  member  of  the  South  Carolina  Bar,  and,  although 
avoiding  political  office,  has  for  nearly  thirty  years  played  a  conspicuous 
part  in  the  politics  of  South  Carolina.  He  has,  since  the  days  of  nullifi 
cation,  been  regarded  as  the  leader  of  the  Conservative  party  of  his 
State,  and  his  career  as  a  politician  is  briefly  and  correctly  stated  by  the 
Charleston  Courier,  \\liQn  it  says  that  Colonel  Memminger  "has  been  a 
champion  foremost  among  those  who,  advocating  resistance  and 
effectual  remedies  for  the  evils  too  long  endured  by  the  South,  have  yet 
Steadily  opposed  and  rejected  secession."  He  is,  we  learn,  the  author  of 
the  above  resolutions,  which  show  that  the  most  conservative  of  South 
Carolina's  statesmen  are  now  rife  for  resistance  to  the  violence  and  law 
less  fanaticism  of  the  free  States.  Colonel  Memminger  is  the  fourth 
instance  of  the  appointment  of  an  ambassador  by  a  Southern  State  to 
consult  with  the  authorities  of  a  sister  State.  Kentucky,  many  years 
ago,  appointed  Henry  Clay  and  Chancellor  George  M.  Bibb  Commission 
ers  to  Virginia,  pending  certain  disputes  between  Kentucky  and  Vir 
ginia,  and  Virginia  sent  Benj.  AVatkins  Leigh  to  South  Carolina  as  a 
Commissioner  pending  the  great  excitement  during  the  days  of  nullifi 
cation. 

No  one  could  have  more  highly  appreciated  the  honor 
conferred  upon  him  by  the  Governor  of  South  Carolina,  or 
have  realized  more  fully  the  responsibility  of  the  high  trust 
delegated  to  him,  than  did  Mr.  Memminger.  His  mission 
to  Virginia  being  made  publicly  known,  at  once  excited  the 
deepest  interest  throughout  the  entire  country.  The  "  grand 
old  mother  of  states  and  statesmen'"'  was  justly  regarded, 


244  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

in  the  chivalric  spirit  of  her  citizenship  and  in  the  philo 
sophic  cast  of  her  statesmen,  as  the  source  from  whence 
sprang  the  noblest  sentiments  of  patriotism,  and  the  wisest 
and  truest  expressions  of  the  political  relations  existing  be 
tween  the  Federal  and  State  governments. 

"  What  course  will  Virginia  pursue?"  was  the  question 
every  one  asked,  and  the  answer  was  awaited  from  Maine  to 
Texas  with  the  greatest  interest.  The  representatives  and 
senators  from  South  Carolina  in  the  Federal  Congress,  and 
many  persons  prominent  in  the  public  service,  and  yet 
others  of  equal  virtues,  who  were  but  private  citizens,  ad 
dressed  letters  to  Mr.  Memminger  urging  him  to  pursue 
such  a  course  as  in  their  several  judgments  were  believed  by 
them  to  be  the  most  apt  in  bringing  about  the  results  they 
desired.  I  find  quite  a  number  of  these  letter  preserved 
among  the  private  correspondence  of  Mr.  Memminger,  but 
as  they  were  never  written  with  the  view  of  being  made 
public,  I  do  not  consider  that  even  his  literary  executor 
should  invade  the  confidence  that  has  held  them  so  long  in 
the  quiet  of  an  honorable  resting  place.  I  prefer  to  leave 
such  piracy  to  the  Trentian  taste  of  that  class  of  publicists 
who  are  at  best  but  the  jackalls  of  our  American  literature. 

Before  leaving  his  home  for  Virginia,  Mr.  Memminger 
addressed  the  following  letter  to  the  Governor  of  that  State: 

CHARLESTON,  January  9, 1860. 
His  Excellency,  John  Letcher: 

DEAR  SIR, — The  Governor  of  the  State  of  South  Carolina  has  appointed 
me  Special  Commissioner  to  communicate  to  the  State  of  Virginia  cer 
tain  resolutions  adopted  by  the  General  Assembly  of  South  Carolina  in 
consequence  of  the  recent  outrage  upon  the  soil  of  Virginia,  and  to  ex 
press  the  cordial  sympathy  of  the  people  of  South  Carolina  with  the  peo 
ple  of  Virginia,  and  their  earnest  desire  to  unite  with  them  in  measures 
of  common  defense. 

I  take  occasion  respectfully  to  inform  your  Excellency  that,  in  dis 
charge  of  this  duty,  I  shall  immediately  proceed  to  Richmond,  where  I 
hope  to  arrive  on  Thursday  evening  the  12th  instant. 
"With  much  respect,  your  obedient  servant, 

C.  G.  MEMMINGER. 


CONVENTION  OP  1852.  245 

The  Richmond  Dispatch,  in  publishing  this  letter,  says: 

The  Southern  train,  which  arrived  at  half-past  six  o'clock  last  night, 
brought  Colonel  Memminger  and  his  daughter,  for  whom  rooms  had 
been  taken  at  the  Ballard  House.  Colonel  Memminger  was  met  at  the 
cars  by  the  joint  committee  of  the  General  Assembly  appointed  to  re 
ceive  him  as  the  guest  of  the  State,  and  conducted  to  the  hotel.  He 
will,  we  learn,  address  the  Legislature  in  the  hall  of  the  House  to-night 
on  the  subject  of  his  mission. 

Arrived  at  Richmond  and  escorted  to  his  elegant  domicile 
at  the  Ballard  House,  his  first  official  act  was  to  address  the 
following  letter  to  Governor  Letcher: 

RICHMOND,  January  14,  1860. 

His  Excellency  John  Letcher,  Governor  of  the  State  of  Virginia  : 

DEAR  SIR, — I  have  the  honor  to  communicate  to  you  the  accompany 
ing  resolutions  which  were  unanimously  adopted  by  the  General  As 
sembly  of  South  Carolina  on  the  22d  day  of  December  last. 

The  State  of  South  Carolina  has  felt  with  the  deepest  concern  the 
indignity  offered  to  the  State  of  Virginia,  and  regards  it  as  a  blow 
aimed  equally  at  herself.  Her  people  desire  to  express  fheir  cordial 
sympathy  with  the  people  of  Virginia,  and  to  unite  with  them  in  meas 
ures  of  common  defense ;  and  they  have  honored  me  with  the  charge  of 
communicating  their  sentiments. 

Permit  me,  therefore,  respectfully  to  request  of  your  Excellency  to 
indicate  the  manner  in  which  it  will  be  most  acceptable  to  the  authorities 
of  Virginia  that  I  should  proceed  to  discharge  the  duties  entrusted 
to  me. 

With  highest  consideration  and  respect,  I  am  your  obedient  ser 
vant,  [Signed]  C.  G.  MEMMINGER. 

This  official  communication  was  at  once  brought  to  the 
attention  of  the  Legislature  of  Virginia,  then  in  session,  by 
the  Governor.  In  answer  Mr.  Memminger  was  invited  to 
address  the  General  Assembly  of  Virginia  upon  the  subject 
of  his  mission.  In  every  way  that  the  thoughtful  discretion 
of  a  cultivated  people  could  suggest  he  was  made  the  recip 
ient  of  the  most  delicate  attention,  and  of  that  unstinted 
hospitality  for  which  Virginians  have  been  always  distin 
guished. 


246  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

The  address  of  Mr.  Memminger  to  the  General  Assembly 
of  Virginia  fully  met  the  expectations  of  those  who  had 
delegated  to  him  the  honorable  and  responsible  duty  of 
representing  South  Carolina,  and  was  equally  pleasing  to 
the  Virginians,  among  whom  the  high  character  and  abilities 
of  Mr.  Memminger  was  now  fully  known  and  appreciated. 

I  present  this  address  in  full.  It  is  a  state  paper  of  great 
interest,  worthy  to  rank  with  the  best  efforts  of  our  most 
illustrious  statesmen. 

RICHMOND,  January  21,  I860. 

Sir, — We  have  the  honor  to  enclose  to  you  the  accompanying  resolu 
tion,  unanimously  adopted  by  both  houses  of  the  General  Assembly. 

Permit  us  to  add  our  personal  solicitation  for  a  compliance,  on  your 
part,  with  the  wishes  of  the  General  Assembly. 

We  have  the  honor  to  be,  with  high  consideration,  your  obedient  ser 
vants, 

Eo.  L.  MONTAGUE,  President  of  the  Senate. 

0.  M.  CRUTCIIFIELD,  S.  H.  D. 
Hon.  C.  G.  Memminger. 

Resolved  by  the  General  Assembly,  That  the  Hon.  C.  G.  Memminger, 
Commissioner  from  the  State  of  South  Carolina,  be  requested  to  furnish 
for  publication  the  address  delivered  by  him  to  the  General  Assembly 
on  his  reception  by  them,  and  that  ten  thousand  copies  be  printed  for 
circulation  among  the  people  of  the  State. 

Agreed  to  by  House  of  Delegates,  January  20, 1860. 

WM.  P.  GORDON,  JR.,  C.  II.  D. 
Agreed  to  by  Senate,  January  21, 1860. 

SHELTON  C.  DAVIS,  C.  S. 

RICHMOND,  January  27, 1860. 

Gentlemen, — In  pursuance  of  the  request  of  the  General  Assembly,  I 
herewith  respectf  ally  communicate  to  you,  as  nearly  as  I  can  recall  the 
same,  the  address  delivered  by  me  before  the  Assembly  on  the  19th  inst. 
I  would  ask  leave  to  tender  to  the  Assembly  my  respectful  acknowl 
edgments  of  the  honor  done  me  in  making  the  request,  and  to  your 
selves,  gentlemen,  my  assurance  of  high  consideration. 
With  much  respect,  your  obedient  servant, 

C.  G.  MEMMINGER, 

Commissioner  of  the  State  of  South  Carolina. 
lion.  R.  L.  Montague,  President  of  the  Senate. 

Hon.  0.  M.  Crutchfield,  Speaker  of  the  House  of  Delegates  of  the  General 
Assembly  of  Virginia. 


CONVENTION  OF  1852.  247 


ADDRESS. 

Mr.  Speaker  and  Gentlemen  of  the  General  Assembly  of  Virginia  .% 

"When  the  Athenian  orator  ascended  the  bema,  before  the  constituted 
authorities  of  his  country,  it  was  his  custom  to  invoke  the  blessing  of 
the  gods  upon  the  deliberations  of  the  assembly.  If  those  who  wor 
shiped  an  unknown  god  so  anxiously  sought  his  aid,  how  much  more 
earnestly  should  we,  to  whom  that  God  has  been  revealed  as  a  Son  of 
Righteousness,  with  healing  in  his  wings,  invoke  his  assistance  upon  so 
momentous  an  occasion  as  the  present.  Most  humbly,  therefore,  do  I 
now  beseech  His  presence  in  this  Assembly,  that  He  may  condescend  to 
aid  the  speaker  to  discharge  aright  the  important  trust  confided  to  him, 
and  to  guide  the  hearers  to  that  result  which  will  advance  the  best  in 
terests  of  our  Southern  country. 

Before  I  enter  upon  the  important  matter  which  we  are  this  day  to 
consider,  permit  me,  in  the  name  of  the  State  which  I  have  the  honor  to 
represent,  to  return  to  his  Excellency,  the  Governor,  and  to  all  the  now 
assembled  authorities  of  Virginia,  my  profound  acknowledgment  of  the 
courtesy  and  kindness  with  which  I  have  been  received.  The  public 
demonstration  of  respect  and  consideration  which  you  have  been  pleased 
to  exhibit  could  only  be  exceeded  by  the  courteous  hospitality  with 
which  I  have  been  welcomed  in  private.  If  my  mission  should  attain 
no  higher  results,  it  wrill  at  least  show  to  the  world  that  the  States  of 
this  Union  have  a  separate  and  distinct  vitality ;  that  they  realize  the 
great  fact  that  they  may  confer  with  each  other  to  maintain  their  mu 
tual  rights  and  interests;  and,  besides  all  this,  I  can  confidently  affirm 
that  such  an  interchange  of  kindly  feeling  as  you  have  exhibited  cannot 
fail  to  bind  together  the  hearts  of  our  people  in  closer  ties  of  sympathy 
and  fellowship. 

The  objects  of  my  mission  are  set  forth  in  the  resolutions  of  which  I 
am  the  bearer  to  this  Commonwealth.  I  respectfully  ask  leave  to  have 
them  read : 

"  Whereas,  the  State  of  South  Carolina,  by  her  Ordinance  of  A.  D. 
1852,  affirmed  her  right  to  secede  from  the  confederacy  whenever  the 
occasion  should  arise  justifying  her,  in  her  own  judgment,  in  taking  that 
step;  and  in  the  resolution  adopted  by  her  convention  declared  that 
she  forebore  the  immediate  exercise  of  that  right  from  the  considera 
tions  of  expediency  only; 

u  And,  whereas,  more  than  seven  years  have  elapsed  since  that  con 
vention  adjourned,  and  in  the  intervening  time  the  assaults  upon  the 
institutions  of  slavery,  and  upon  the  rights  and  equality  of  the  Southern 
States,  have  unceasingly  continued  with  increasing  violence  and  wider 
and  more  alarming  forms;  be  it,  therefore, 


248  LIFE  AND  TINES  OF  C.  G.  MEMMINGER. 

"1.  Resolved,  unanimously,  That  the  State  of  South  Carolina,  still 
deferring  to  her  Southern  sisters,  nevertheless  respectfully  announces 
to  them  that  it  is  the  deliberate  judgment  of  this  General  Assembly  that 
the  slave-holding  States  should  immediately  meet  together  to  concert 
measures  for  united  action. 

"  2.  Eesolved,  unanimously,  That  the  foregoing  preamble  and  reso 
lution  be  communicated  by  the  Governor  to  all  the  slave-holding  States, 
with  the  earnest  request  of  this  State  that  they  will  appoint  deputies 
and  adopt  such  measures  as  in  their  judgment  will  promote  the  said 
meeting. 

"3.  Resolved,  unanimously,  That  a  special  commissioner  be  appointed 
by  his  Excellency  the  Governor  to  communicate  the  foregoing  preamble 
and  resolutions  to  the  State  of  Virginia,  and  to  express  to  the  authori 
ties  of  that  State  the  cordial  sympathy  of  the  people  of  South  Carolina 
with  the  people  of  Virginia  and  their  earnest  desire  to  unite  with  them 
in  measures  of  common  defense." 

Three  distinct  objects  are  presented  by  these  resolutions.  They 
direct  me — 

1.  To  express  to  the  authorities  of  Virginia  the  cordial  sympathy  of 
the  people  of  South  Carolina  with  the  people  of  Virginia  in  the  trial 
through  which  they  have  lately  passed. 

2.  To  express  our  earnest  desire  to  unite  with  you  in  measures  of 
common  defense. 

3.  To  request  a  conference   of  the    slave-holding    States    and  the 
appointment  of  deputies  or  commissioners  to  the  same  on  the  part  of 
Virginia. 

The  expression  of  our  sympathy  is  most  grateful  to  our  own  feelings. 
Whilst  in  common  with  the  rest  of  the  Union,  we  feel  our  obligation  for 
the  large  contribution  of  mind  and  effort  which  Virginia  has  made  to 
the  common  cause;  we  of  South  Carolina  are  more  largely  indebted  to 
her  for  manifestations  of  particular  concern  in  our  welfare,  which  I 
shall  presently  notice.  We  had  supposed  that  her  large  contributions 
to  the  Union  had  secured  to  her  the  respect  and  affection  of  every  State 
of  the  confederacy.  Certainly  there  is  no  State  to  whom  more  kindly 
feelings  are  due.  Her  statesmen  and  soldiers  had  devoted  their  lives  to 
the  service  of  the  country,  and  their  honored  remains  now  hallow  her 
soil.  There  was  the  tomb  of  the  Father  of  his  Country.  There  lay  the 
ashes  of  Patrick  Henry,  and  of  Jefferson,  and  of  Madison,  and  of  a  host 
of  others,  whose  names  had  given  lustre  to  our  country's  glory,  and  the 
fruit  of  whose  labors  was  the  common  inheritance  of  North  and  South; 
and  yet  all  this  could  not  preserve  her  from  the  invasion  of  her  soil,  the 
murder  of  her  citizens,  and  the  attempt  to  involve  her  in  the  horrors  of 
servile  and  civil  war.  That  very  North,  to  whom  she  had  surrendered  a 
territorial  empire — who  had  grown  great  through  her  generous  confi- 


CONVENTION  OF  1852.  249 

dence — sent  forth  the  assassins,  furnished  them  with  arms  and  money, 
and  would  fain  rescue  them  from  the  infamy  and  punishment  due  to 
crimes  so  atrocious. 

To  estimate  aright  the  character  of  the  outrage  at  Harper's  Ferry  we 
must  realize  the  intentions  of  those  who  planned  it.  They  expected  the 
slaves  to  rise  in  mass  as  soon  as  the  banner  of  abolition  should  be 
unfurled.  Knowing  nothing  of  the  kindly  feeling  which  exists  through 
out  the  South  between  the  master  and  his  slaves,  they  judged  of  that 
feeling  by  their  own  hatred,  and  expected  that  the  tocsin  which  they 
sounded  would  at  once  arouse  to  rebellion  every  slave  who  heard  it- 
Accordingly  they  prepared  such  arms  as  an  infuriate  and  untrained 
peasantry  could  most  readily  use. 

They  also  expected  aid  from  another  element  of  revolution.  They 
did  not  believe  in  the  loyalty  to  the  government  of  Virginia  of  that  part 
of  her  population  which  owned  no  slaves.  They  seized  upon  the  armory, 
and  they  expected  help  from  its  operatives,  and  from  the  farming  popu 
lation  ;  and  to  gain  time  for  combining  all  these  elements  of  mischief,  as 
they  conceived  them  to  be,  they  seized  upon  a  pass  in  the  mountains 
well  adapted  to  their  purpose.  For  months  had  they  worked  with 
fiendish  and  unwearied  diligence,  and  it  is  hazarding  little  to  conjecture 
that  the  banditti,  who  had  been  trained  in  Kansas,  were  in  readiness  to 
obey  the  summons  to  new  scenes  of  rapine  and  murder  as  soon  as  a 
lodgment  were  effected. 

Is  it  at  all  surprising  that  a  peaceful  village  where  no  sound  of  war 
had  been  heard  for  half  a  century  should  be  overcome  for  the  moment 
at  midnight  by  so  unexpected  an  inroad?  The  confusion  which  ensued 
was  a  necessity;  and  it  can  only  be  ascribed  to  the  superintendence  of  a 
kind  Providence  that  so  few  innocent  lives  were  sacrificed.  It  is  indeed 
wonderful  that  none  of  the  hostages  seized  by  these  banditti  should 
have  suffered  from  the  attacks  which  their  friends  were  obliged  to 
make,  and  that  at  so  early  a  period  the  inhabitants  recovered  from  their 
amazement  and  reduced  their  assailants  to  the  five  who  were  entrenched 
within  the  brick  walls  of  the  engine-house. 

The  failure  to  accomplish  their  purpose  cannot  lessen  its  atrocity ; 
neither  can  their  erroneous  calculations  as  to  the  loyalty  of  their  citi 
zens  of  the  State,  or  of  the  slaves  to  their  masters,  lessen  the  crime  of 
these  murderers;  and  they  have  justly  paid  the  forfeit  of  their  lives. 
But  such  a  forfeit  cannot  expiate  the  blood  of  peaceful  citizens,  nor  re 
store  the  feeling  of  tranquil  security  to  the  families  which  they  have  dis 
turbed.  The  outraged  soil  of  Virginia  stands  a  witness  of  the  wrong, 
and  the  unquiet  homes  which  remain  agitated  along  her  borders,  still 
call  for  protection ;  and  as  an  affectionate  mother,  the  State  feels  for 
her  children,  and  is  providing  that  protection.  The  people  of  South 
Carolina  cordially  sympathize  in  all  these  feelings.  They  regard  this 


250  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

outrage  as  perpetrated  on  themselves.  The  blow  that  has  struck  you 
was  aimed  equally  at  them,  and  they  would  gladly  share  in  all  its  con 
sequences,  and  most  of  all  in  the  effort  to  prevent  its  recurrence  in  the 
future. 

In  this  desire  they  are  influenced  not  only  by  a  sense  of  common 
danger,  but  by  the  remembrance  of  former  kindness  exhibited  towards 
South  Carolina  by  the  State  of  Virginia  in  a  day  of  trial. 

In  the  year  1833  when  South  Carolina  had  nullified  an  unconstitu 
tional  tariff  imposed  by  the  Federal  government,  and  was  taking  meas 
ures  to  maintain  her  position  at  every  hazard,  the  State  of  Virginia 
actuated  by  the  kindliest  and  most  honorable  feelings,  adopted  the  fol 
lowing  resolutions : 

"  Resolved  by  the  General  Assembly  in  the  name  and  on  behalf  of  the 
people  of  Virginia,  That  the  competent  authorities  of  South  Carolina  be, 
and  they  are  hereby,  earnestly  and  respectfully  requested  and  entreated 
to  rescind  the  or  dinance  of  the  late  Convention  of  that  State,  entitled  'An 
ordinance  to  nullify  certain  acts  of  the  Congress  of  the  United  States, 
purporting  to  be  laws  laying  duties  and  imposts  on  the  importation  of 
foreign  commodities;'  or  at  least  to  suspend  its  operation  until  the 
close  of  the  first  session  of  the  next  Congress. 

"  Resolved,  That  the  Congress  of  the  United  States  be,  and  they  are 
hereby,  earnestly  and  respectfully  requested  and  entreated  so  to  modify 
the  acts  laying  duties  and  imposts  on  the  importation  of  foreign  com 
modities,  commonly  called  the  tariff  acts,  as  to  effect  a  gradual  but 
speedy  reduction  of  the  resulting  revenue  of  the  general  government  to 
the  standard  of  the  necessary  and  proper  expenditures  for  the  support 
thereof. 

"  Resolved,  That  this  House  will,  by  joint  vote  with  the  Senate,  pro 
ceed  on  this  day  to  elect  a  Commissioner,  whose  duty  it  shall  be  to  pro 
ceed  immediately  to  South  Carolina  and  communicate  the  fpregoing 
preamble  and  resolutions  to  the  Governor  of  that  State,  with  a  request 
that  they  be  communicated  to  the  Legislature  of  that  State,  or  any  con 
vention  of  its  citizens,  or  give  them  such  other  direction  as  in  his  judg 
ment  may  be  best  calculated  to  promote  the  objects  which  this  Com 
monwealth  has  in  view;  and  that  the  said  Commissioner  be  authorized 
to  express  to  the  public  authorities  and  people  of  our  sister  State,  in 
such  manner  as  he  may  deem  most  expedient,  our  sincere  good  will  to 
our  sister  State,  and  our  anxious  solicitude  that  the  kind  and  respect, 
f  ul  recommendations  we  have  addressed  her,  may  lead  to  an  accommoda 
tion  of  all  the  differences  between  that  State  and  the  general  govern 
ment." 

Mr.  Leigh  repaired  to  South  Carolina,  and  on  presenting  his  creden 
tials  was  informed  by  the  Governor  that  the  ordinary  authorities  of  the 
government  had  no  jurisdiction  of  the  subject  of  his  mission,  inasmuch 


CONVENTION  OF  1852.  251 

as  the  ordinance  of  nullification  had  been  passed  by  a  Convention  of  the 
people.  The  following  extracts  from  the  correspondence  will  exhibit 
what  took  place : 

[Extract  from  letter  of  Hon.  B.  W.  Leigh,  Commissioner  of  Virginia,  to  His  Excellency 
Robert  Y.  Hayne,  Governor  of  South  Carolina.] 

"  CHARLESTON,  February  5,  1833. 

"  I  have  now  therefore  to  request  your  Excellency  to  communicate 
the  resolutions  of  the  General  Assembly  of  Virginia,  and  this  letter 
also  to  the  president  of  the  Convention,  confidently  hoping  that  that 
officer  wrill  not  refuse  or  hesitate  to  re-assemble  the  Convention,  in  order 
that  the  resolutions  of  the  General  Assembly  may  be  submitted  to  it, 
and  that  the  Convention  may  consider  whether  and  how  far  the  earnest 
and  respectful  request  and  entreaty  of  the  General  Assembly  shall  and 
ought  to  be  complied  with." 

[Extract  from  a  letter  of  James  Hamilton,  Jr.,  to  His  Excellency  Robert  Y.  Hayne,  Gov 
ernor  of  South  Carolina.] 

•'  CHARLESTON,  February  6th,  1833. 

"  In  reply  to  the  reference  which  you  have  made  to  me,  as  president  of 
the  Convention  of  the  people  of  South  Carolina,  consequent  on  the  ap 
plication  on  the  part  of  that  gentleman  for  the  meeting  of  that  body,  I 
beg  leave  to  communicate  to  him,  through  your  Excellency,  that,  appre 
ciating  very  highly  the  kind  disposition  and  the  patriotic  solicitude 
which  have  induced  the  highly  respectable  Commonwealth  which  he  rep 
resents  to  interpose  her  friendly  and  mediatorial  offices  in  the  unhappy 
controversy  subsisting  between  the  Federal  government  and  the  State 
of  South  Carolina,  I  should  do  great  injustice  to  those  dispositions  on 
her  part,  and,  I  am  quite  sure,  to  the  feelings  of  the  people  of  South 
Carolina,  if  I  did  not  promptly  comply  with  his  wishes  in  reference  to 
the  proposed  call." 

In  compliance  with  Mr.  Leigh's  request,  the  Convention  was  reassem 
bled.  The  mediation  and  request  of  Virginia  was  communicated.  Her 
interference  with  the  Federal  government,  the  other  party  to  the  con 
troversy,  had  led  to  the  modification  of  the  tariff,  and  the  result  with 
South  Carolina  was  a  repeal  of  the  ordinance  of  nullification,  and  the 
adoption  by  the  Convention  of  the  following  resolutions : 

"  Resolved,  unanimously,  That  the  president  of  this  Convention  do 
communicate  to  the  Governor  of  Virginia,  with  a  copy  of  this  report 
and  these  resolutions,  our  distinguished  sense  of  the  patriotic  and 
friendly  motives  which  actuated  her  General  Assembly  in  tendering  her 
mediation  in  the  late  controversy  between  the  general  government  and 
the  State  of  South  Carolina,  with  the  assurance  that  her  friendly  coun 
cils  will  at  all  times  command  our  respectful  consideration. 


252  LIFE    AND  TIMES  OF  C.  G.  MEMMINGER. 

"  Resolved,  unanimously,  That  the  president  of  this  Convention  like 
wise  convey  to  the  Governor  of  Virginia  our  high  appreciation  of  the 
able  and  conciliatory  manner  in  which  Mr.  Leigh  has  conducted  his 
mission,  during  which  he  has  afforded  the  most  gratifying  satisfaction 
to  all  parties,  in  sustaining  towards  us  the  kind  and  fraternal  relations 
of  his  own  State." 

The  other  incident  in  the  relations  of  the  two  States,  to  which  I  would 
ask  your  attention,  occurred  in  1851.  Four  years  before  both  States  had 
passed  resolutions  declaring  that  they  would  not  submit  to  the  Wilmot 
proviso.  In  1849  Virginia  had  added  to  her  declaration  of  1847  that  she. 
would  also  resist  the  abolition  of  the  slave  trade  in  the  District  of  Col 
umbia.  South  Carolina  concurred  entirely  in  the  sentiments  of  Vir 
ginia,  and  prepared  to  defend  the  position  which  had  been  taken,  and. 
which  she  supposed  was  the  common  position  of  the  whole  South 

The  compromise  measures  adopted  by  Congress  in  1850,  so  far  from 
being  satisfactory,  in  her  judgment  aggravated  the  injury.  She  re 
garded  the  admission  of  California,  with  a  Constitution  prohibiting 
slavery,  as  in  effect  an  enactment  of  the  Wilmot  proviso;  and  the  slave 
trade  in  the  District  of  Columbia  had  been  expressly  prohibited  by  one 
of  the  compromise  acts  of  Congress.  With  these  views  South  Carolina 
proceeded  to  arm  her  people,  and  made  the  requisite  arrangements  for 
calling  a  Convention  to  secede  from  the  Union,  or  to  adopt  such  other 
measures  as  the  safety  and  welfare  of  the  State  might  require. 

In  December,  1851,  the  Legislature  of  Virginia  adopted  the  following 
resolutions : 

"  Whereas,  the  Legislature  of  the  State  of  South  Carolina  has  passed 
an  act  to  provide  for  the  appointment  of  delegates  to  the  Southern  Con 
gress,  '  to  be  entrusted  with  full  power  and  authority  to  deliberate  with 
the  view  and  intention  of  arresting  further  aggression,  and,  if  possible, 
of  restoring  the  constitutional  rights  of  the  South,  and  if  not  to  recom 
mend  due  provision  for  their  future  safety  and  independence,'  which  act 
has  been  formally  communicated  to  this  General  Assembly : 

"  1.  Be  it  therefore  resolved  by  the  General  Assembly  of  Virginia. 
That  whilst  this  State  deeply  sympathizes  with  South  Carolina  in  the 
feelings  excited  by  the  unwarrantable  interference  of  certain  of  the 
non-slave-holding  States  with  our  common  institutions;  and  whilst  di 
versity  of  opinion  exists  among  the  people  of  this  Commonwealth  in 
regard  to  the  wisdom,  justice  and  constitutionality  of  the  measures  of 
the  late  Congress  of  the  United  States,  taken  as  a  whole,  and  commonly 
known  as  the  Compromise  measures,  yet  the  Legislature  of  Virginia 
deems  it  a  duty  to  declare  to  her  sister  State  of  South  Carolina  that  the 
people  of  this  State  are  unwilling  to  take  any  action  in  consequence  of 
the  same  calculated  to  destroy  the  integrity  of  this  Union. 

"  2.  Resolved,  That  regarding  the  said  acts  of  the  Congress  of  the 
United  States,  taken  together,  as  an  adjustment  of  the  exciting  ques- 


CONVENTION  OFJ852.  253 

tions  to  which  they  relate,  and  cherishing  the  hope  that  if  fairly  exe 
cuted  they  will  restore  to  the  country  that  harmony  and  confidence 
which  of  late  have  been  so  unhappily  disturbed,  the  State  of  Virginia 
deems  it  unwise,  in  the  present  condition  of  the  country,  to  send  dele 
gates  to  the  proposed  Southern  Congress. 

"  3.  Kesolved,  That  Virginia  earnestly  and  affectionately  appeals  to 
her  sister  State  of  South  Carolina  to  desist  from  any  meditated  seces 
sion  upon  her  part,  which  cannot  but  tend  to  the  destruction  of  the 
Union,  and  the  loss  to  all  of  the  States  of  the  benefits  that  spring  from  it." 

I  have  introduced  this  history  in  no  spirit  of  fault-finding,  and  with 
no  intention  to  reflect  in  the  least  degree  upon  the  action  of  Virginia. 
She  had  a  perfect  right,  as  a  sovereign  State,  to  accept  the  Compromise 
of  1850;  and  having  accepted  it,  she  was  not  bound  to  justify  herself 
except  at  her  own  pleasure.  South  Carolina  had  an  equal  right  to  refuse 
the  Compromise  and  to  take  action  to  make  good  such  refusal.  But  the 
kindly  feeling  which  existed  between  the  two  States  induced  Virginia 
to  pass  the  resolutions  of  1851.  A  reciprocal  feeling  influenced  South 
Carolina ;  and  many  of  her  citizens,  influenced  by  the  action  of  Virginia, 
proceeded  to  canvass  the  State,  and  persuaded  the  people  to  abandon 
the  idea  of  separate  secession.  The  South  Carolina  Convention  met  in 
1852;  and  although  a  majority  had  been  elected  of  those  who  wTere  in 
favor  of  secession,  that  majority  gave  way  to  the  popular  will,  and  all  par 
ties  united  in  asserting  the  right,  but  desisting  from  the  act  of  secession. 

Thus  a  second  time  did  a  Convention  of  the  people  of  South  Carolina 
accede  to  the  request  of  Virginia.  Seven  years  have  since  elapsed,  and 
instead  of  that  returning  sense  of  justice  among  the  Northern  people 
which  you  doubtless  expected,  "the  assaults  upon  the  institution  of 
slavery  and  upon  the  rights  and  equality  of  the  Southern  States  have 
unceasingly  continued,  with  increasing  violence,  and  in  new  and  more 
alarming  forms,"  until  now  at  length  the  voice  of  a  brother's  blood  cries 
to  us  from  the  ground;  and  South  Carolina,  moved  like  yourselves  by 
that  cry,  offers  her  sympathy  and  proposes  a  conference ;  and  "  earnestly 
requests  of  Virginia  that  she  will  appoint  deputies,  and  adopt  such 
measures  as  in  her  judgment  will  promote  the  said  meeting." 

South  Carolina,  however,  does  not  expect,  neither  would  she  desire 
you  to  do  what  your  judgments  do  not  approve.  She  feels  well  assured 
that  under  existing  circumstances,  such  a  conference  is  the  best  step 
which  can  be  taken;  and  I  cannot  better  discharge  the  duty  entrusted 
to  me  than  in  presenting  to  your  consideration  the  reasons  which  lead 
to  this  conclusion.  To  an  audience  so  intelligent  as  that  which  now 
honors  me  with  its  attention,  I  can  scarcely  advance  anything  new ;  but 
it  will  lead  to  a  just  conclusion  if  we  refresh  our  memories  as  to  some 
material  incidents  of  the  past. 

The  great  question  which  underlies  all  action  on  this  subject,  is, 
whether  the  existing  relations  between  the  North  and  the  South  are 


254  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

temporary  or  permanent;  whether  they  result  from  accidental  derange^ 
ment  of  the  body  politic,  or  are  indications  of  a  normal  condition?  In 
the  one  case,  temporary  expedients  may  restore  soundness;  in  the  other 
the  remedy  is  either  hopeless,  or  it  must  be  fundamental  and  thorough. 

In  these  respects,  the  invasion  at  Harper's  Ferry  is  a  valuable  expo 
nent.  It  furnishes  many  indications  by  which  we  may  ascertain  the 
actual  condition  of  things.  It  is  sort  of  a  nilometer  by  which  we  can 
measure  the  height  of  the  flood  which  is  bursting  over  the  land.  By  the 
Providence  of  that  God  who  preserved  your  people  from  the  knife  of  the 
assassin,  you  were  enabled  not  only  to  defeat  and  capture  your  enemies, 
but  to  get  possession  of  arms  and  documents  which  expose  the  design 
and  plan  of  the  assailants.  You  find  that  months  must  have  elapsed  in 
maturing  their  plans ;  that  arms  were  manufactured,  the  design  of  which 
could  not  be  mistaken ;  that  large  sums  of  money  must  have  been  col 
lected.  It  is  certain,  therefore,  that  many  persons  must  have  known 
that  such  a  blow  was  intended ;  and  yet  who  spoke?  Who  gave  a  single 
friendly  warning  to  Virginia?  One  voice  indeed  indistinctly  uttered  to 
the  Federal  government  a  warning,  but  that  voice  was  disregarded,  and 
the  catastrophe  burst  upon  us  as  a  thunder  storm  in  midwinter. 

The  loyal  sons  of  Virginia  rush  to  her  defense,  and  the  military  arm 
bows  to  the  majesty  of  law,  and  delivers  the  murderer  to  a  just  and  im 
partial  trial.  A  new  incident  in  the  history  of  crime  is  developed. 
Learned  counsel  from  a  distant  city,  once  styled  the  Athens  of  America, 
proceed  to  a  distant  village  to  offer  their  services  to  defend  the  mid 
night  assassin.  Political  offenses  have  sometimes  found  voluntary  de 
fenders,  but  the  moral  sense  must  be  absolutely  perverted  when  it  is 
deemed  a  virtue  to  screen  the  murderer  from  punishment.  The  excite 
ment  grows,  and  your  courts  of  justice  cannot  proceed  as  in  ordinary 
cases  of  crime.  You  are  compelled  to  surround  them  with  military 
power;  and  when  the  law  has  pronounced  its  sentence,  you  are  com 
pelled  to  guard  the  prison-house  and  the  scaffold,  to  keep  at  bay  the 
confederates  and  sympathizers  with  crimes  heretofore  execrated  by 
every  civilized  people  upon  earth. 

The  indications  of  this  implacable  condition  of  Northern  opinion  do 
not  stop  here.  The  sentence  of  death  upon  the  criminals  and  their  exe 
cution  are  bewailed  with  sounds  of  lamentation,  such  as  would  now  fol 
low  a  Ridley  or  a  Latimer  to  the  stake,  and  public  demonstrations  of 
sympathy  exhibit  themselves  throughout  the  entire  North.  To  the  great 
discredit  of  our  institutions  and  of  our  country,  motions  are  entertained 
in  bodies  exercising  political  power  to  honor  the  memory  of  a  wretched 
fanatic  and  assassin,  and  in  one  body  the  motion  failed  only  for  want  of 
three  votes.  These  are  indications  which  you  cannot  disregard.  They 
tell  of  a  state  of  public  opinion  which  cannot  fail  to  produce  further 
c-vil.  Every  village  bell,  which  tolled  its  solemn  note  at  the  execution  of 
Brown,  proclaims  to  the  South  the  approbation  of  that  village  of  insur- 


CONVENTION  OF  1852.  255 

rection  and  servile  war,  and  the  ease  with  which  some  of  the  confederates 
escaped  to  Canada  proves  that  much  of  the  population  around  are  will 
ing  to  abet  the  actors  in  these  incendiary  attempts. 

To  view  this  matter  in  its  just  proportions  we  must  set  it  at  a  little 
distance  from  us.  Familiarity  accustoms  us  so  much  to  things  near  that 
we  lose  the  perception  of  their  magnitude.  A  daily  observer  of  the 
Falls  of  Niagara  may  be  brought  to  look  upon  them  as  the  ordinary 
descent  of  water  down  a  river.  Let  us,  therefore,  suppose  that  the 
attempted  assassination  of  Louis  Napoleon  at  the  Opera  House  in  Paris 
had  been  followed  by  developments  showing  the  contribution  of  arms 
and  money  in  England;  that  upon  the  arrest  of  the  detected  assassins 
learned  counsel  had  crossed  the  channel  to  volunteer  a  defense  before 
the  French  courts;  that  upon  his  condemnation  threats  of  sympathy 
compelled  the  government  to  surround  the  scaffold  with  arms ;  and  upon 
his  execution  bells  were  tolled  in  many  English  villages;  and  as  a  con 
summation  of  the  whole,  a  motion  were  entertained  to  adjourn  the  Par 
liament  in  honor  of  the  memory  of  the  assassin,  and  that  this  motion 
had  failed  in  one  house  only  by  three  votes.  Does  any  man  suppose  that 
under  these  circumstances  the  peace  of  Europe  could  have  been  pre 
served  for  a  day  ?  Unless  prompt  disavowal  and  punishment  had  been 
offered,  every  Frenchman  would  have  been  ready  to  cross  the  channel  as 
an  enemy,  and  the  civilized  world  would  have  regarded  the  English  peo 
ple  as  a  nation  of  outlaws. 

In  our  country,  so  far  from  there  being  any  proper  indication  of  dis 
avowal,  the  indications  are  the  other  way.  Elections  have  taken  place 
at  the  North  since  the  Harper's  Ferry  invasion,  in  which  the  public  sen 
timent  has  been  exhibited.  Those  who  maintain  the  abolition  views 
have  proved  stronger  than  they  ever  were  before.  In  New  York  they 
have  triumphed  over  the  other  parties  combined  together,  and  in  Bos 
ton,  notwithstanding  an  attempt  to  stay  the  tide,  the  same  result  has 
followed.  In  Congress  the  same  lamentable  exhibition  is  afforded. 
More  than  one  hundred  members  prefer  to  keep  the  government  disor 
ganized,  rather  than  abandon  a  candidate  whose  recommendation  of  a 
book,  inviting  a  combined  effort  to  introduce  anarchy  and  servile  war  at 
the  South,  makes  him  obnoxious  to  the  South;  and  of  these  some  sixty 
have  signed  a  recommendation  of  the  same  book;  and  there  they  stand, 
and  have  stood  for  more  than  six  weeks,  with  unbroken  front,  refusing 
any  kind  of  concession  to  the  outraged  feelings  of  the  South.  Can  any 
Southern  man  believe  that  these  representatives  do  not  represent  the 
feelings  of  their  constituents,  and  that  they  would  venture  upon  the 
measure  of  keeping  the  government  disorganized  against  the  public 
opinion  that  is  behind  them  ? 

Here,  then,  we  have  before  us  the  North  and  the  South,  standing  face 
to  face,  not  yet  as  avowed  and  open  enemies,  but  with  deep-seated  feel 
ings  of  enmity  rankling  in  their  bosoms,  which  at  any  moment  may 


256  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

burst  forth  into  action.  Is  it  wise,  when  we  see  flame  shining  through 
every  crevice,  and  ready  to  leap  through  every  open  window ;  is  it  wise 
to  close  the  window,  and  fill  up  every  gap,  and  shut  our  eyes  to  the  fact 
that  the  fire  is  raging  within  the  building?  It  is  not  wise.  We  must 
examine  the  premises  and  determine  whether  the  building  can  be  saved 
or  whether  it  must  be  abandoned. 

We  have  now  reached  this  point  in  our  inquiry.  The  Harper's  Ferry 
invasion,  with  the  developments  following  it,  and  the  now  existing  con 
dition  of  the  country,  prove  that  the  North  and  the  South  are  standing  in 
hostile  array — the  one  with  an  absolute  majority,  sustaining  those  who 
meditate  our  destruction  and  refusing  to  us  any  concession  or  guaranty, 
and  the  other  baffled  in  every  attempt  at  compromise  or  security. 

The  inquiry  which  must  naturally  follow  would  be  into  the  causes 
which  have  led  to  this  result,  and  whether  these  causes  are  transient  in 
character,  or  must  continue  to  operate  until  they  result  in  the  final 
overthrow  of  our  institutions. 

To  determine  this  question,  it  becomes  necessary  to  review  a  portion 
of  the  history  of  our  country. 

At  the  termination  of  the  Revolutionary  war  there  were  six  slave- 
holding  States  and  seven  non-slaveholding.  The  Northern  section  had 
no  territory  but  that  from  which  has  since  been  formed  the  States  of 
Vermont  and  Maine.  The  Southern  owned  the  Northwest  and  the 
Southwest;  and  had  in  its  possession  the  means  of  expanding  itself  into 
the  numerous  States  which  have  since  been  formed  out  of  this  territory. 
The  local  law  of  slavery  in  the  parent  State  would  have  followed  in  the 
offspring,  and  the  result  must  have  been  that  the  power  of  the  South 
would  have  had  the  vast  preponderance.  At  that  time,  too,  the  com 
merce  of  the  South  was  equal  to  that  of  the  North;  and  occupying  a 
more  favorable  position,  both  as  to  soil  and  climate,  there  was  every  rea 
sonable  prospect  that  she  would  be  in  the  advance  in  all  the  elements  of 
national  strength. 

How  different  a  result  do  we  this  day  realize?  The  North  has  grown 
to  a  degree  of  power  and  grandeur  unequalled  in  the  history  of  the 
world.  They  have  taken  possession  of  the  magnificent  inheritance  of 
the  South,  and  on  the  fertile  plains  which  should  have  been  ours,  they 
gather  their  thousands,  and  utter  voices  of  .denunciation  against  those 
who  bestowed  upon  them  the  power  and  wealth  which  they  enjoy.  What 
are  the  causes  of  these  results?  How  has  it  come  to  pass  that  the  South, 
having  in  its  hands  the  means  of  unlimited  progress  and  certain  pre 
ponderance,  has  been  reduced  almost  to  the  condition  of  a  suppliant, 
whilst  the  North  has  grown  into  such  proportions  that  it  assumes  to  give 
law  as  a  master? 

The  more  perfect  union  of  the  States  was  an  object  of  great  interest 
to  the  Revolutionary  patriots.  In  1784  Virginia  led  the  way  by  ceding 


CONVENTION  OF  1852,  257 

to  the  United  States  her  magnificent  domain  North  of  the  Ohio  river. 
The  terms  of  Virginia's  act  of  cession  required  that  the  States  to  be 
formed  from  this  territory  shall  be  "  admitted  members  of  the  Federal 
Union,  having  the  same  rights  of  sovereignty,  freedom  and  indepen 
dence  as  the  other  States."  Shortly  after  the  cession  a  committee  of  the 
Congress  of  the  Confederation  was  raised  to  frame  an  ordinance  for  the 
establishment  of  the  territory.  This  committee,  of  whom  Mr.  Jefferson 
was  one,  reported  an  ordinance  excluding  slavery  after  the  year  1800. 
This  restriction  on  slavery,  however,  was  struck  out  by  the  Congress  on 
the  motion  of  North  Carolina,  every  Southern  State  and  every  Southern 
delegate  except  Mr.  Jefferson  voting  for  striking  out,  and  the  ordinance 
was  adopted  without  the  restriction.  During  the  several  subsequent 
sessions  of  Congress  other  propositions  were  moved,  and,  finally,  on  the 
13th  of  July,  1787,  just  two  months  before  the  adoption  of  our  present 
Constitution,  the  ordinance  was  adopted,  with  the  restriction  clause  as 
follows : 

"  ART.  6. — There  shall  be  neither  slavery  nor  involuntary  servitude  in 
the  said  territory  otherwise  than  in  the  punishment  of  crimes,  whereof 
the  party  shall  have  been  duly  convicted:  Provided  always,  That  any 
person  escaping  into  the  same  from  whom  labor  or  service  is  lawfully 
claimed  in  any  one  of  the  original  States,  such  fugitive  may  be  lawfully 
reclaimed  and  conveyed  to  the  person  claiming  his  or  her  labor  or  ser 
vice  as  aforesaid." 

Three  things  are  apparent  from  this  statement.  The  first  is  that  Vir 
ginia  and  the  South  made  this  great  concession  for  the  sake  of  the  Fed 
eral  Union ;  the  second  is  that  the  concession  was  made  upon  the  express 
condition  that  fugitive  slaves  escaping  into  this  territory  should  be  re 
stored  to  their  owners,  and  the  third  is  that  at  this  early  period,  long 
before  fanaticism  had  mingled  in  this  controversy,  and  before  the  South 
had  any  apprehension  as  to  her  equal  rights,  the  North,  with  far-reach 
ing  craftiness,  secured  to  itself  a  predominance  of  eventual  power  in  the 
Union.  The  generous  and  confiding  character  of  the  South  overlooked 
these  considerations.  Her  statesmen  were  then  in  possession  of  the 
government.  General  Washington  was  at  the  head,  surrounded  by  gen 
erous  and  noble  spirits,  and  the  slave-holder  and  the  non-slave-holder  had 
so  often  stood  side  by  side  in  conflict  with  their  enemy  that  they  still 
deemed  each  other  brethren. 

But  what  has' been  the  effect  of  these  cessions  upon  the  relative  con 
dition  of  the  North  and  the  South?  From  this  ceded  territory  nine 
States  have  grown :  Ohio,  Indiana,  Illinois,  Michigan,  Wisconsin,  Ken 
tucky,  Tennessee,  Alabama  and  Mississippi.  These  States,  added  to  the 
six  original  slave  States,  would  have  increased  their  number  to  fifteen. 
The  Northern  States,  having  but  two  new  States  to  add  to  their  original 
seven,  would  have  numbered  nine  in  all.  Hence  it  would  have  followed 


258  tLIFE  AND  TIMES  OF  C.  G.  MEMMINGER; 

that  the  South  would  now  have  had  30  senators  and  122  representatives' 
in  Congress,  whilst  the  North  would  have  had  only  18  senators  and  92 
representatives.  The  effect  of  the  cessions,  however,  has  been  to  give  to 
the  North  5  out  of  these  9  States,  whilst  the  South  retained  but  4.  The 
Northern  States  have,  therefore,  added  these  5  to  their  original  7,  which 
12  being  added  to  Vermont  and  Maine  made  their  number  14,  against  10 
Southern  States,  and  the  distribution  of  power  according  to  the  present 
basis  gives  to  the  North,  as  the  effect  of  these  cessions,  28  senators  and 
140  representatives  in  Congress,  while  the  South  has  only  20  senators 
and  74  representatives. 

History  does  not  afford  a  parallel  for  so  magnanimous  and  voluntary 
a  surrender.  Virginia,  which  contributed  the  largest  portion,  was  per* 
haps  more  independent  than  any  of  her  sisters.  With  a  climate  and 
soil  the  most  favored  by  nature — with  an  extended  commerce — with  fine 
ports  and  noble  rivers — with  somewhat  of  a  navy,  and  with  a  well-tried 
militia,  she  was  quite  able  to  stand  alone.  But  she  gave  up  all  for  the 
sake  of  union.  Nay,  more — the  whole  produce  of  the  sales  of  all  the 
lands  ceded  by  the  South,  amounting  to  some  one  hundred  and  fifty 
millions  of  dollars,  was  thrown  into  the  coffer  of  the  Union — whilst  the 
sales  in  the  northern  portion  of  the  Union  was  reserved  to  themselves. 
Surely  if  there  could  be  created  a  sentiment  of  gratitude  and  brotherly 
love  in  States,  that  sentiment  should  have  existed  in  the  Northern 
States  toward  the  people  of  the  South. 

The  next  event  of  importance  in  this  history  was  the  purchase  of 
Louisiana.  This  acquisition  was  made  in  April,  1803,  under  the  treaty 
with  France,  and  was  approved  by  the  whole  Union.  The  territory  ac 
quired  was  all  slave-holding.  The  rights  of  the  inhabitants  were  ex 
pressly  guaranteed  to  them  by  treaty ;  and  the  local  law  being  that  of 
a  slave-holding  country,  of  course  attached  throughout  its  entire  ex 
tent.  Ten  States  have  been  or  are  about  to  be  formed  from  this  pur 
chase.  At  the  date  of  the  treaty  there  were  eight  slave-holding  and 
nine  non-slave-holding  States;  and  from  the  territory  then  belonging  to 
the  Union,  the  slave  States  could  add  to  their  number  but  two,  to-wit : 
Alabama  and  Mississippi— whilst  five  remained  to  be  added  to  the 
North,  namely:  Indiana,  Illinois,  Michigan,  Wisconsin  and  Maine. 
When  these  should  all  have  been  admitted,  the  North  was  to  have  four 
teen  States — the  South  but  ten.  The  purchase  of  Louisiana  by  extend 
ing  the  local  law  of  slavery  over  all  its  territory,  added  to  the  South 
this  whole  area,  making  in  all  twenty  States;  and  the  acquisition  of 
Florida,  under  the  treaty  of  Spain  added  one  more  State,  making  twenty- 
one  Southern  States  against  fourteen  Northern. 

Such  was  the  condition  and  prospects  of  the  Union  when  Missouri 
applied  for  admission.  Maine  had  just  been  admitted  without  objection, 
and  the  Union  stood  at  its  old  position — the  North  having  one  more 


CONVENTION  OF  1852.  259 

State  than  the  South.  The  admission  of  Missouri  would  only  have  made 
them  equal  for  the  time.  The  opposition,  therefore,  to  the  admission  of 
Missouri  was  induced,  not  by  any  existing  preponderance  of  the  South, 
but  by  one  that  was  anticipated.  Just  as  they  did  in  1787,  the  North 
made  use  of  the  attachment  of  the  South  to  the  Union  to  effect  their 
scheme,  and  insisted  that  all  of  the  territory  west  of  the  Mississippi 
should  be  given  up  by  the  South.  It  is  highly  instructive  to  us,  in  our 
present  circumstances,  to  notice  that  the  only  motive  to  this  refusal  to 
admit  Missouri  must  have  been  to  secure  power  to  the  North.  Fanati 
cism  had  yet  exercised  no  controlling  power.  Hatred  had  not  yet  been 
excited.  The  many  bonds,  social,  commercial  and  religious,  which 
bound  the  country  together  were  yet  in  full  vigor. 

Again  the  adoration  of  the  South  for  Union  prevailed.  A  voice  from 
its  midst,  in  an  evil  hour,  proposed  what  it  called  a  compromise,  and  the 
North  eagerly  seized  and  urged  it  forward.  The  Missouri  Compromise 
took  its  place  on  the  statute  book,  and  graved  in  the  soil  of  the  Union  a 
geographical  line  between  the  North  and  the  South.  It  was  called  a 
compromise;  but  unfortunately  it  differed  from  the  usual  acceptation 
of  the  term,  in  that  it  gave  all  on  one  side  of  the  line  to  the  North,  and 
secured  nothing  on  the  other  side  to  the  South.  By  it  the  North  gained 
territory  for  six  additional  States,  namely:  Iowa,  Minnesota,  Kansas, 
Nebraska,  Oregon  and  Washington.  The  South  reserved  but  two— Mis 
souri  and  Arkansas — with  the  chances  of  a  third  from  the  Indian  Terri 
tory.  The  disastrous  consequences  of  this  compromise  are  portrayed 
with  the  pen  of  a  prophet  by  Mr.  Jefferson,  and  I  respectfully  ask  to 
have  his  words  read  in  your  hearing : 

[Extract  from  a  letter  of  Mr.  Jefferson  to  John  Holmes.] 

"MoxTicELLO,  April  22,  1820. 

"  I  thank  you,  dear  sir,  for  the  copy  you  have  been  so  kind  as  to  send 
me  of  the  letter  to  your  constituents  on  the  Missouri  question.  It  is  a 
perfect  justification  to  them.  I  had  for  a  long  time  ceased  to  read  news 
papers,  or  pay  any  attention  to  public  affairs,  confident  that  they  were 
in  good  hands,  and  content  to  be  a  passenger  in  oar  barque  to  the  shore 
from  which  I  am  not  far  distant.  But  this  momentous  question,  like  a 
fire-bell  in  the  night,  awakened  and  filled  me  with  terror.  I  considered 
it  at  once  as  a  knell  of  the  Union.  It  is  hushed,  indeed,  for  the  moment. 
But  this  is  a  reprieve  only,  not  the  final  sentence.  A  geographical  line, 
coinciding  with  a  marked  principle,  moral  and  political,  once  conceived 
and  held  up  to  the  angry  passions  of  men,  will  never  be  obliterated,  and 
every  new  irritation  will  mark  it  deeper  and  deeper. 

"  I  regret  that  I  am  now  to  die  in  the  belief  that  the  useless  sacrifice 
of  themselves  by  the  generation  of  1776,  to  acquire  self-government  and 


260  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

happiness  to  their  country,  is  to  be  thrown  away  by  the  unwise  and 
unworthy  passions  of  their  sons,  and  that  my  only  consolation  is  to  be, 
that  I  shall  not  live  to  weep  over  it." 

We  will  now  pass  down  to  the  period  when  a  new  element  was  brought 
into  this  unfortunate  controversy.  In  1835  petitions  for  the  abolition  of 
slavery  in  places  subject  to  the  authority  of  the  general  government, 
began  to  be  presented  to  Congress.  This  form  of  proceeding  was  adopted 
merely  to  adjust  a  lever  which  might  reach  the  institution  of  slavery 
within  the  States;  and  it  is  hazarding  little  to  affirm  that  such  was  dis 
tinctly  understood  to  be  the  design  of  the  movement.  Such  an  attempt 
should  have  been  met  by  the  prompt  and  stern  rebuke  of  the  common 
government  of  all  the  States.  For  it  would  seem  to  be  an  axiomatic 
truth,  that  where  several  States  had  entered  into  an  alliance,  there  was 
an  obligation  on  each  to  respect  the  institutions  of  the  other;  and  that 
any  attempt  to  use  the  alliance  for  the  purpose  of  assailing  the  institu 
tions  of  any  one  of  the  parties,  was  a  breach  of  faith,  and  must  ensue  in 
the  dissolution  of  the  alliance.  Stern  rebuke  and  unyielding  resistance 
should  have  been  offered  by  Congress  to  all  these  attempts ;  and  such 
was  the  course  advised  by  Southern  statesmen.  As  far  back  as  1838  the 
dangers  which  are  now  around  us  were  clearly  foretold  by  Mr.  Calhoun, 
and  it  may  serve  to  convince  us  that  the  final  result  is  not  far  in  the 
future,  if  we  see  before  us  the  antecedents  which  had  been  distinctly 
traced.  I  ask  leave,  therefore,  to  have  read  an  extract  from  a  speech 
made  in  1838 : 

"This  was  the  only  question  of  sufficient  magnitude  and  potency  to 
divide  this  Union ;  and  divide  it,  it  would,  or  drench  the  country  in 
blood  if  not  arrested.  He  knew  how  much  the  sentiment  he  had  uttered 
would  be  misconstrued  and  misrepresented.  There  were  those  who  saw 
no  danger  to  the  Union  in  the  violation  of  all  its  fundamental  princi 
ples,  but  who  were  full  of  apprehension  when  danger  was  foretold  or 
resisted,  and  who  held  not  the  authors  of  the  danger,  but  those  who 
forewarned  or  opposed  it,  responsible  for  consequences.  But  the  cry  of 
disunion  by  the  weak  or  designing  had  no  terror  for  him.  If  his  attach 
ment  to  the  Union  was  less,  he  might  tamper  with  the  deep  disease 
which  now  afflicts  the  body  politic  and  keep  silent  until  the  patient  was 
ready  to  sink  under  its  mortal  blows.  It  is  a  cheap,  and  he  must  say, 
but  too  certain  a  mode  of  acquiring  the  character  of  devoted  attach 
ment  to  the  Union.  But,  seeing  the  danger  as  he  did,  he  would  be  a 
traitor  to  the  Union,  and  tlftse  he  represented  to  keep  silence.  The 
assaults  daily  made  on  the  institutions  of  nearly  one-half  of  the  States 
of  this  Union — institutions  interwoven  from  the  beginning  with  their 
political  and  social  existence,  and  which  cannot  be  other  than  they  are 
without  their  inevitable  destruction — will,  and  must,  if  continued,  make 
two  people  of  one  by  destroying  every  sympathy  between  the  two  great 


CONVENTION  OF  1852.  261 

sections,  obliterating  from  their  hearts  the  recollections  of  their  com 
mon  danger  and  glory,  and  implanting  in  their  place  a  mutual  hatred 
more  deadly  than  ever  existed  between  two  neighboring  people  since 
the  commencement  of  the  human  race.  He  feared  not  the  circulation 
of  the  thousands  of  incendiary  and  slanderous  publications,  which  were 
daily  issued  from  an  organized  and  powerful  press,  among  those  in 
tended  to  be  vilified.  They  cannot  penetrate  our  section.  That  was 
not  the  danger;  it  lay  in  a  different  direction.  Their  circulation  in  the 
non-slave-holding  States  was  what  was  to  be  dreaded.  It  was  infusing 
a  deadly  poison  into  the  minds  of  the  rising  generation,  implanting  in 
them  feelings  of  hatred,  the  most  deadly  hatred,  instead  of  affection  and 
love,  for  one-half  of  this  Union,  to  be  returned  oil  their  part  with  equal 
detestation.  The  fatal,  the  immutable  consequences,  if  not  arrested, 
and  that  without  delay,  were  such  as  he  had  presented. 

"  The  abolitionists  tell  you,  in  so  many  words,  that  their  object  is  to 
abolish  slavery  in  the  District  of  Columbia  as  but  one  step  towards 
final  abolition  in  the  States.  With  this  object  avowed  by  the  abolition 
ists,  what  do  duty  and  policy  demand  on  our  part?  We  see  the  end, 
and  that,  if  it  can  be  effected,  it  would  be  our  destruction.  Shall  we 
yield  or  stand  fast  ?  That  is  the  question.  If  we  yield  an  inch  we  are 
gone.  The  very  ground  on  which  we  are  asked  to  make  the  first  conces 
sion  will  be  urged  on  us  with  equal  force  to  make  the  second,  the  third, 
and  every  intermediate  one,  till  the  last  is  consummated.  ...  At 
every  step  they  would  become  stronger  and  we  weaker,  if  we  should  be 
so  infatuated  as  to  make  the  first  concession.  .  .  .  There  never  was 
a  question  agitated  where  the  most  unyielding  opposition  was  so  neces 
sary  for  success. 

"  He  ought  not,  perhaps,  to  be  surprised  that  Senators  should  differ 
so  widely  from  him  on  this  subject.  They  did  not  view  the  disease  as  he 
did.  He  saw  working  at  the  bottom  of  these  movements  the  same  spirit 
which  two  centuries  ago  convulsed  the  Christian  world  and  deluged  it 
in  blood — that  fierce  and  cruel  spirit  of  persecution,  which  originated  in 
assumed  superiority  and  mistaken  principles  of  duty,  that  made  one  man 
believe  that  he  was  accountable  for  the  sins  of  another,  and  that  he  was 
the  judge  of  what  belonged  to  his  temporal  and  eternal  welfare,  and 
was  bound,  at  the  peril  of  his  own  soul,  to  interfere  to  rescue  him  from 
perdition.  Against  this  fell  and  bloody  spirit  it  was  in  vain  to  interpose 
this  amendment.  .  .  .  An  inflexible  adherence  to  our  principles  and 
our  rights,  and  a  decided  and  emphatic  tone,  equally  remote  from  vio 
lence  or  concession,  only  can  save  us.  The  deluded  agitators  must  be 
plainly  told  that  it  is  no  concern  of  theirs  what  is  the  character  of  our 
institutions,  and  that  they  must  not  be  touched  here,  or  in  the  Territo 
ries,  or  the  States,  by  them  or  the  government ;  that  they  were  under 
the  guardian  protection  of  the  Constitution,  and  that  we  stood  prepared 


262  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

to  repel  all  interference  or  disconnection,  be  the  consequence  what  it 
might." 

Unfortunately  for  the  South,  concession  became  again  its  policy.  It 
was  virtually  admitted  that  the  North  had  a  right  to  assail  the  institu 
tion  of  slavery  when  Congress  agreed  to  receive  their  petitions.  Logi 
cally  this  admission  demanded  a  consideration  of  the  matter  of  the  peti 
tion.  But  with  singular  inconsistency  a  rule  was  made  that  the  peti 
tions  should  be  laid  upon  the  table  without  further  action.  So  violent  a 
separation  of  premises  and  conclusions  satisfied  no  one,  and  the  result 
was  that  the  agitation  continued  with  unabated  zeal.  The  political  par 
ties  into  which  the  country  was  divided  made  their  court  to  this  fanati 
cal  element,  added  to  its  strength,  and  gave  direction  to  its  blindness. 

Its  first  fruits  were  developed  in  the  severance  of  Christian  fellow 
ship  in  the  churches.  Inflamed  with  zeal  by  imaginary  wrong,  and  as 
suming  as  an  article  of  the  faith  that  slavery  was  a  sin,  they  denounced 
their  brethren  of  the  South  as  unworthy  of  meeting  with  them  at  the 
table  of  their  common  Master.  The  professed  followers  of  that  meek 
and  gentle  Saviour  who,  from  the  hills  of  Galilee  and  from  the  moun 
tains  of  Judea  had  looked  down  without  censure  upon  thousands  of 
dwellings  inhabited  by  slaveholders — 'of  that  Saviour,  one  of  whose  first 
miracles  was  the  healing  and  restoring  to  a  Roman  master  his  slave 
sick  with  the  palsy,  and  commending  that  master,  by  declaring  that  he 
had  not  found  faith  like  his  in  all  Israel ;  these  Northern  professors  of  a 
new  Christianity  cannot  hold  communion  with  slave-owners ! 

The  great  apostle  of  the  Gentiles  could  compass  the  Roman  world, 
and  preach  to  the  thousands  and  tens  of  thousands  of  slaveholders 
around  him  without  one  word  of  reproach.  He  could  convert  to  the 
faith  the  fugitive  slave  of  one  of  his  friends,  and  send  back  to  him  that 
slave  without  the  smallest  imputation  upon  his  faith  or  practice.  Nay, 
more — as  though  the  spirit  of  God  had  prepared  beforehand  the  means 
to  enlighten  every  Christian  upon  this  very  subject— the  church  of  God 
is  inspired  to  place  in  the  canon  .of  Scripture  the  noble  and  respectful 
letter  written  by  St.  Paul  to  this  slaveholding  master.  The  whole  Ro 
man  world,  from  the  Euphrates  to  the  Pillars  of  Hercules,  from  the 
Danube  to  Mount  Atlas — Goths  and  Ostrogoths,  Vandals,  Huns,  Gauls 
and  Britons — all  can  hold  communion  with  each  other,  through  the  one 
common  Lord,  when  professing  the  common  faith  ;  yet,  here  in  the  same 
nation,  under  the  same  Constitution,  with  the  same  Bible,  professing 
one  faith,  the  North  cannot  hold  fellowship  with  the  South.  The  great 
leading  denominations — Methodist  and  Baptist — have  entirely  severed 
their  connection  with  each  other.  The  Presbyterian  and  Episcopalian 
still  meet  together,  and  are  yet  preserved  from  this  fanaticism.  But  in  one 
portion  even  of  Presbyterian  and  in  many  of  the  smaller  denominations 
the  cords  are  chafed  and  worn  so  as  to  be  incapable  of  further  stress; 


CONVENTION  OF  1852.  263 

and  so  it  results  that  the  North  acknowledges  no  fellowship  with  the 
South.  They  practically  have  added  a  new  article  to  the  Christian 
creed,  and  in  all  these  cases  the  tidal  wave  of  persecution  has  set  in 
from  the  North,  and  at  each  flow  it  surges  higher  and  higher  upon  the 
South  without  any  interval  of  ebb. 

The  next  step  in  our  history,  to  which  I  must  allude,  is  the  admission 
of  Texas  into  the  Union.  At  this  period  there  were  twenty-six  States  in 
frhe  Union,  evenly  divided  between  the  North  and  the  South.  Southern 
development  had  been  exhausted;  but  in  the  Territory  remaining  five 
States  were  yet  to  be  added  to  the  North.  The  World's  Convention 
which  met  at  London  in  1843  had  taken  into  its  consideration  the  aboli 
tion  of  slavery  in  Texas.  In  this  Convention  were  delegates  from  New 
England;  and  it  is  matter  of  history  that  the  Convention  waited  on  the 
British  Minister  and  urged  upon  him  a  government  loan  to  Texas  to  be 
applied  towards  the  abolition  of  slavery.  What  took  place  in  the  secret 
conclave  of  the  Ministers  can  easily  be  conjectured  from  the  following 
outline  of  a  debate  in  the  British  Parliament,  extracted  from  the  Lon 
don  Times  : 

"TEXAS. — In  the  House  of  Lords,  on  Friday,  the  18th  of  August,  Lord 
Brougham  introduced  the  subject  of  Texas  and  Texan  slavery  in  the  fol 
lowing  manner: 

"  Lord  Brougham  said  that,  seeing  his  noble  friend  at  the  head  of  the 
foreign  department  in  his  place,  he  wished  to  obtain  some  information 
from  him  relative  to  a  State  of  great  interest  at  the  present  time, 
namely,  Texas.  That  country  was  in  a  state  of  independence,  de  facto, 
but  its  independence  had  never  been  acknowledged  by  Mexico,  the  State 
from  which  it  was  torn  by  the  events  of  the  revolution.  He  was  aware 
that  its  independence  had  been  so  far  acknowledged  by  this  country — 
that  we  had  a  treaty  with  it. 

"  The  importance  of  Texas  could  not  be  underrated.  It  was  a  coun 
try  of  the  greatest  capabilities,  and  was  in  extent  fully  as  large  as 
France.  It  possessed  a  soil  of  the  finest  and  most  fertile  character,  and 
it  was  capable  of  producing  nearly  all  tropical  produce,  and  its  climate 
was  of  the  most  healthy  character.  It  had  access  to  the  Gulf  of  Mexico, 
through  the  river  Mississippi,  with  which  it  communicated  by  means  of 
the  Red  river.  .  .  .  The  markets  from  whence  they  obtained  their 
supply  of  slaves  were  Georgia,  the  Carolinas  and  Virginia;  which  States 
constantly  sent  their  surplus  slave  population,  which  would  otherwise 
be  a  burden  to  them,  to  the  Texan  market.  No  doubt  it  was  true,  as 
has  been  stated,  that  they  treated  their  slaves  tolerably  well,  because 
they  knew  that  it  was  for  their  interest  to  rear  them,  as  they  had  such 
a  profitable  market  for  them  in  Texas.  This  made  him  irresistibly  anx 
ious  for  the  abolition  of  slavery  in  Texas ;  for  if  it  were  abolished  there, 
not  only  would  that  country  be  cultivated  by  free  and  white  labor,  but 


264  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

it  would  put  a  stop  to  the  habit  of  breeding  slaves  for  the  Texan  market. 
The  consequence  would  be  that  they  would  solve  this  great  question  in 
the  history  of  the  United  States,  for  it  must  ultimately  end  in  the  aboli 
tion  of  slavery  in  America.  He,  therefore,  looked  forward  most  anx 
iously  to  the  abolition  of  slavery  in  Texas,  as  he  was  convinced  that  it 
would  ultimately  end  in  the  abolition  of  slavery  throughout  the  whole 
of  America.  He  knew  that  the  Texans  would  do  much,  as  regarded  the 
abolition  of  slavery,  if  Mexico  could  be  induced  to  recognize  their  inde 
pendence. 

"  If,  therefore,  by  our  good  offices,  we  could  get  the  Mexican  govern 
ment  to  acknowledge  the  independence  of  Texas,  he  would  suggest  a 
hope  that  it  might  terminate  in  the  abolition  of  slavery  in  Texas,  and 
ultimately  the  whole  of  the  Southern  States  of  America." 

The  Earl  of  Aberdeen,  in  his  reply,  stated  that  "  he  need  hardly  say 
that  every  effort  on  the  part  of  Her  Majesty's  government  would  lead 
to  that  result  which  was  contemplated  by  his  noble  friend.  He  was 
sure  that  he  need  hardly  say  that  no  one  was  more  anxious  than  him 
self  to  see  the  abolition  of  slavery  in  Texas;  and  if  he  could  not  consent 
to  produce  papers,  or  give  further  information,  it  did  not  arise  from  in 
difference,  but  from  quite  a  contrary  reason.  In  the  present  state  of 
the  negotiations  between  the  two  countries  in  question,  it  would  not 
contribute  to  the  end  they  had  in  view  if  he  then  expressed  any  opinion 
as  to  the  state  of  those  negotiations;  but  he  could  assure  his  noble 
friend  that  by  means  of  urging  the  negotiations,  as  well  as  by  every 
other  means  in  their  power,  Her  Majesty's  ministers  would  press  this 
matter." 

Lord  Brougham  observed  that  "  nothing  could  be  more  satisfactory 
than  the  statement  of  his  noble  friend,  which  would  be  received  with 
joy  by  all  who  were  favorable  to  the  object  of  the  Anti-Slavery  So 
cieties." 

At  this  important  period,  the  Providence  of  that  God  who  holdeth  in 
His  hand  the  destinies  of  nations,  set  aside  the  powers  which  man  had 
placed  in  authority  over  us,  and  raised  up  two  Virginia  patriots  in  their 
stead.  John  Tyler  and  Abel  P.  Upshur — men  of  sterling  character  and 
far-seeing  statesmanship — were  put  in  charge  of  the  ship  of  state.  They 
saw  through  the  schemes  of  England.  With  consummate  skill  and 
earnest  zeal  they  undertook  to  rescue  Texas,  and  had  so  far  succeeded 
that  a  treaty  was  ready  for  signature  between  Texas  and  the  United 
States,  when  the  explosion  on  board  the  Princeton  deprived  the  coun 
try  of  the  valued  life  of  Judge  Upshur.  Mr.  Calhoun  was  then  put  in 
requisition  by  Mr.  Tyler,  and  the  unanimous  vote  of  the  Senate  called 
him  to  the  post  of  Secretary  of  State.  In  a  fortnight  £ie  treaty  was 
completed,  and  once  more  equality  between  the  North  and  the  South 
was  on  the  eve  of  being  restored. 


CONVENTION  OF  1852.  265 

But  here  intervened  one  of  those  unfortunate  canvassings  for  the 
presidency,  which  are  the  bane  of  the  South.  Mr.  Van  Buren  and  Mr. 
Clay,  the  candidates  of  the  two  great  parties,  each  fearing  to  offend  the 
abolition  party,  or  to  throw  it  into  the  scale  of  his  antagonist,  simulta 
neously  published  letters  against  annexation ;  and  at  the  ensuing  ses 
sion  of  Congress  the  treaty  with  Texas  was  defeated.  The  good  sense  of 
the  country,  however,  assisted  by  that  appetite  for  territory  which 
seems  to  belong  to  the  Anglo-Saxon  race,  put  aside  the  trammels  of 
political  machinery  and  declared  in  favor  of  annexation.  The  unfortu 
nate  managers  were  overwhelmed  in  the  catastrophe,  and  the  Southern 
patriots  had  the  satisfaction  of  consummating  the  admission  of  Texas 
three  days  before  they  surrendered  the  reins  of  government  to  their  suc 
cessors. 

The  condition  upon  which  Texas  was  admitted  into  the  Union,  pro 
vided  that  from  her  territory  five  States  might  be  created  in  the  future. 
Inasmuch  as  at  least  five  remained  to  be  admitted  for  the  Northern  sec 
tion,  the  admission  of  Texas  gave  to  the  South  merely  an  equilibrium 
in  the  Senate.  The  majority  in  the  House  was  already  gone  from  the 
South  forever.  The  Electoral  Colleges  if  arranged  sectionally,  would 
give  a  majority  also  to  the  North.  So  that  all  that  the  South  acquired 
by  the  admission  of  Texas  was  the  power  to  check — a  negative  power. 
Positive  power  had  already  departed  from  them. 

At  this  era  the  Mexican'war  occurred.  The  country  rushed  into  it 
with  an  eagerness  which  blinded  it  to  all  consequences.  North  and 
South  freely  contributed  its  blood  and  treasure,  and  freely  shared  its 
glories  and  its  dangers.  But  before  the  paeans  of  victory  had  yet  sub 
sided—before  the  lamentations  for  the  dead  had  yet  ceased— before  the 
country  could  yet  see  through  the  clouds  of  the  future — the  North  sum 
moned  together  its  forces  to  seize  for  themselves  the  entire  spoils  of  the 
war.  The  Wilmot  proviso  was  brought  forward  during  the  war,  in  Au 
gust,  1846,  and  so  far  as  the  House  of  Representatives  in  Congress  was 
concerned,  was  adopted.  By  this  proviso  it  was  declared  that  slavery 
should  be  excluded  from  all  territory  to  be  acquired  from  Mexico.  The 
Southern  States  were  informed  that  although  their  blood  and  treasure 
had  contributed  to  the  result — although  the  bones  of  their  slain  lay  en 
tombed  before  the  fortresses  and  among  the  mountains  of  Mexico — 
although  Monterey  and  Churubusco  and  Buena  Vista  and  Chapultepec 
were  names  sacred  to  the  glories  of  North  or  South,  yet  no  Southern 
man  should  stand  upon  the  conquered  territory  upon  the  same  footing 
with  the  Northern.  The  institutions  of  the  North,  whether  Mormon  or 
Infidel,  might  attend  them— the  Chinaman  or  the  Lascar,  or  the  Sand 
wich  Islander  or  the  Zambo — all  might  have  equal  protection  and  right, 
but  the  most  valuable  property  of  the  Southern  man  must  be  left 
behind. 


266  LIFE    AND  TIMES  OF  C.  G.  MEMMINGEK. 

It  is  not  surprising  that  the  Southern  States  should  have  been  fired 
with  indignation  at  this  attack.  But  what  availed  that  ?  Although  in 
1846  the  Senate  checked  the  proviso  by  a  mano3uvre,  yet  in  1847  it  was  re 
newed  upon  the  expanded  basis  of  excluding  the  South  from  all  terri 
tory  on  this  continent.  This  also  passed  the  House  of  Representatives, 
and  was  again  defeated  by  the  management  of  the  Senate. 

Forbearance  could  sustain  no  more.  The  Legislatures  of  the  South 
ern  States  began  to  speak  their  deep  and  settled  indignation. 

Virginia  in  March,  1847,  thus  announced  her  purpose : 

[Extract  from  Virginia  resolutions  of  1847.] 

"  2.  Resolved,  unanimously,  That  all  territory  which  may  be  acquired 
by  the  arms  of  the  United  States,  or  yielded  by  treaty  with  any  foreign 
power,  belongs  to  the  several  States  of  this  Union  as  their  joint  and 
common  property,  in  which  each  and  all  have  equal  rights,  and  that  the 
enactment  by  the  Federal  government  of  any  law  which  should  directly 
or  by  its  effects  prevent  the  citizens  of  any  State  from  emigrating  with 
their  property  of  whatever  description  into  such  territory,  would  make 
a  discrimination  unwarranted  by  and  in  violation  of  the  Constitution 
and  the  rights  of  the  States  from  which  such  citizens  emigrated,  and  in 
derogation  of  that  perfect  equality  that  belongs  to  the  several  States  as 
members  of  this  Union,  and  would  tend  directly  to  subvert  the  Union 
itself. 

"  3.  Resolved,  That  if  in  disregard  alike  of  the  spirit  and  principles  of 
the  act  of  Congress  on  the  admission  of  the  State  of  Missouri  into  the 
Union,  generally  known  as  the  Missouri  Compromise,  and  of  every  con 
sideration  of  justice,  of  constitutional  right  and  of  fraternal  feeling,  the 
fearful  issue  shall  be  forced  upon  the  country,  which  must  result  from 
the  adoption  and  attempted  enforcement  of  the  proviso  aforesaid  as  an 
act  of  the  general  government,  the  people  of  Virginia  can  have  no  diffi 
culty  in  choosing  between  the  only  alternatives  that  will  then  remain — 
of  abject  submission  to  aggression  and  outrage  on  the  one  hand,  or  de 
termined  resistance  on  the  other,  at  all  hazards  and  to  the  last  ex 
tremity. 

"  4.  Resolved,  unanimously,  That  the  General  Assembly  holds  it  to  be 
the  duty  of  every  man  in  every  section  of  this  Confederacy,  if  the  Union" 
is  dear  to  him,  to  oppose  the  passage  of  any  law  for  whatever  purpose, 
by  which  territory  to  be  acquired  may  be  subject  to  such  a  restriction. 

"  5.  Resolved,  unanimously,  That  the  passage  of  the  above  mentioned 
proviso  makes  it  the  duty  of  every  slave-holding  State,  and  of  all  the  citi 
zens  thereof,  as  they  value  their  dearest  privileges,  their  sovereignty, 
their  independence,  their  rights  of  property,  to  take  firm,  united  and 
concerted  action  in  this  emergency." 

South  Carolina  uttered  the  same  language  in  December  of  the  same 
year;  and  the  other  Southern  States  responded  in  such  a  manner  as  to 


CONVENTION  OF  1852.  267 

produce  a  pause.  The  treaty  with  Mexico  was  signed  in  May,  1848,  and 
an  attempt  was  then  made  in  Congress  to  arrange  the  territory  acquired 
to  the  satisfaction  of  the  North  and  the  South.  The  South  asked  no 
more  than  that  their  rights  and  property,  as  guaranteed  by  the  Consti 
tution,  should  be  respected.  The  North,  on  the  other  hand,  demanded 
the  total  exclusion  of  Southern  institutions.  With  a  view  to  some  pro 
per  adjustment,  a  committee  was  raised  in  the  Senate  consisting  of  an 
equal  number  of  Northern  and  Southern  men.  The  chairman  was  Mr. 
Clayton,  from  the  neutral  State  of  Delaware.  Hear  his  account  of  the 
proceedings  of  the  committee  : 

"As  soon  as  we  assembled,  a  proposition  was  made  by  a  member 
from  the  South  to  extend  the  Missouri  Compromise  line  to  the  Pacific. 
The  vote  upon  it  stood,  four  Southern  members  for  it,  and  four  Northern 
members  against  it.  We  renewed  the  proposition  in  every  conceivable 
form;  but  our  Northern  friends  rejected  it  as  often  as  it  was  proposed. 
We  discussed  it — we  entreated  them  to  adopt  it.  We  did  not  pretend 
that  it  was  a  constitutional  measure,  but  that  it  had  been  held  by  many 
as  a  compact  between  the  North  and  the  South,  and  was  justified  as  a 
measure  of  peace.  We  argued  to  show  the  justice  of  extending  the  line 
to  the  Pacific.  I  obtained  a  statement  from  the  Land  Office,  showing  that 
by  such  an  extension  of  the  line  the  North  would  have  the  exclusive  oc 
cupation  of  one  million  and  six  hundred  thousand  square  miles  in  the 
Territories  outside  the  States,  and  the  South  but  two  hundred  and  sixty- 
two  thousand  square  miles,  in  which,  observe,  slavery  could  only  be 
tolerated  in  case  the  people  residing  there  should  allow  it.  The  propo 
sition  being  rejected  by  the  North,  there  was,  indeed,  as  the  Senator 
from  South  Carolina  (Mr.  Calhoun)  has  described  it,  a  solemn  pause  in 
the  committee.  All  hope  of  amicable  settlement  for  the  moment  van 
ished,  and  unnatural  contention  seemed  likely  to  prevail  among  us.  It 
was  then  proposed  to  rest  the  present  hope  of  settlement  on  the  Supreme 
Court  as  the  ark  of  our  safety.  We  came  into  the  Senate  with  three- 
fourths  of  the  committee  in  favor  of  it,  and  the  other  fourth  not  fixed 
against  it.  An  appeal  was  provided  in  the  bill  from  all  decisions  of  the 
territorial  judges  in  cases  of  writs  of  habeas  corpus,  or  other  cases 
where  the  issue  of  personal  freedom  should  be  presented.  The  South 
agreed  in  the  Senate,  with  extraordinary  unanimity,  to  submit  the 
validity  of  their  claims  to  the  Supreme  Court ;  but  the  North  were  by  no 
means  so  unanimous.  There  was,  however,  a  majority  in  favor  of  the 
bill  embracing  this  principle.  Having  passed  the  Senate,  it  was  sent  to 
the  House,  where,  on  the  twenty-eighth  day  of  July,  1848,  it  was  defeated 
by  a  vote  of  one  hundred  and  twelve  to  ninety-seven — five-sixths  of  the 
opposition  to  it  being  from  the  North." 

The  failure  of  this  scheme  left  the  Territory  without  government, 
and  in  August,  1848,  the  Oregon  Territorial  Bill  was  passed ;  by  the  26th 


268  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

section  of  which,  it  was  enacted  that  the  inhabitants  of  the  said  Terri 
tory  shall  be  entitled  to  all  the  privileges  granted  by  the  ordinance  of 
1787,  and  "  shall  be  subject  to  all  the  conditions,  and  restrictions  and 
prohibitions  in  said  articles  of  compact  imposed  upon  the  people  of  said 
Territory."  Here,  then,  was  an  enactment  of  the  Wilmot  proviso;  but 
as  it  only  covered  territory  north  of  36°  30\  the  President  approved  it 
on  that  ground.  And  the  South  acquiesced  again. 

The  conflict  was  still  continued  as  to  the  remaining  territory;  and  in 
1849,  Virginia  repeated  and  confirmed  her  resolutions  of  1847,  and  added 
another  as  to  the  slave  trade  in  the  District  of  Columbia  The  following 
are  the  resolutions : 

[Extract  from  resolutions  of  the  General  Assembly  of  Virginia,  adopted  January  29, 1849.J 

"  5.  Resolved,  unanimously,  That  the  passage  of  the  above  mentioned 
proviso  makes  it  the  duty  of  every  slave-holding  State,  and  all  the  citi, 
zens  thereof,  as  they  value  their  dearest  privileges,  their  sovereignty, 
their  independence  and  their  rights  of  property,  to  take  firm,  united  and 
concerted  action  in  this  emergency. 

"  II.  Resolved,  That  we  regard  the  passage  of  a  law  by  the  Congress 
of  the  United  States,  abolishing  slavery  or  the  slave  trade  in  the  District 
of  Columbia  as  a  direct  attack  upon  the  institutions  of  the  Southern 
States,  to  be  resisted  at  every  hazard. 

"  III.  Resolved,  That  in  the  event  of  the  passage  by  Congress  of  the 
Wilmot  proviso,  or  any  law  abolishing  slavery  or  the  slave  trade  in  the 
District  of  Columbia,  the  Governor  of  this  Commonwealth  is  requested 
immediately  to  convene  the  Legislature  of  this  State  (if  it  shall  have 
adjourned)  to  consider  of  the  mode  and  measures  of  redress." 

South  Carolina  again  responded  in  December,  1849,  and  declared  that 
the  time  for  action  had  come;  and  she  was  not  mistaken,  for  immedi 
ately  thereafter  the  President  of  the  United  States  sent  out  his  military 
Governor  to  organize  the  Territory  of  California.  At  his  word  election 
districts  are  formed  and  electoral  rights  conferred,  and  the  promiscuous 
horde  whom  war  and  the  spirit  of  adventure  had  collected  in  California 
are  invested  with  authority  to  make  a  Constitution,  and  by  it  exclude  the 
entire  South  from  any  participation  in  the  wealth  of  that  whole  region. 

In  1850  this  Constitution  came  before  Congress  and  was  adopted  with 
the  other  measures,  known  as  the  Compromise  of  1850.  South  Carolina 
regarded  these  measures  as  a  mere  aggravation  of  the  injuries  before 
heaped  upon  the  South.  She  considered  the  Constitution  of  California, 
when  sanctioned  by  Congress,  to  be  a  virtual  enactment  of  the  Wilmot 
proviso.  Even  the  Missouri  Compromise  line  had  been  disregarded  by 
that  Constitution ;  and  the  entire  Pacific  Coast  had  now,  by  the  opera 
tion  of  the  Oregon  bill  and  this  Constitution  of  California,  been  closed 
to  Southern  emigration.  One  of  these  Compromise  measures  enacted  as 
follows: 


CONVENTION  OF  1852.  269 

"  It  shall  not  be  lawful  to  bring  into  the  District  of  Columbia  any 
slave  whatever  for  the  purpose  of  being  placed  in  depot  to  be  subse 
quently  transferred  to  any  other  State  or  place  to  be  sold  as  merchan 
dise;  and  if  such  slave  be  brought  into  the  said  District  by  its  owner,  or 
by  the  authority  or  consent  of  its  owner,  contrary  to  the  provisions  of 
this  act,  such  slave  shall  thereupon  become  liberated  and  free." 

This  law  raised  the  issue  upon  which  Virginia  had  pledged  herself  to 
act;  and  South  Carolina,  in  going  forward,  considered  herself  merely  as 
the  front  rank  in  the  advancing  column  of  her  sisters.  I  refer  again  to 
these  incidents  merely  as  facts,  with  no  intention  to  censure  or  impute 
wrong.  They  must  be  mentioned  to  explain  and  to  justify  the  course  of 
South  Carolina,  and  they  show  that  in  each  stage  of  her  progress  she 
had,  as  she  thought,  the  concurrence  of  her  sister  States. 

In  her  judgment  the  other  compromise  measures  of  1850,  which 
changed  the  boundary  of  Texas,  was  equally  exceptionable.  It  with 
drew  territory  from  the  State  of  Texas  for  no  other  apparent  purpose 
than  to  convert  that  Territory  into  free  soil,  and  brought  close  upon  the 
flank  of  the  Southern  States  the  very  instrument  for  their  destruction 
which  Lord  Brougham  had  sought  in  1843 ;  and  for  all  this  the  equiva 
lent  offered  to  the  South  was  a  fugitive  slave  law,  which,  we  believed, 
would  be  as  persistently  eluded  by  the  Northern  States  as  the  obliga 
tion  which  the  constitution  and  the  previous  laws  of  Congress  had  al 
ready  imposed  on  them. 

Entertaining  these  opinions,  South  Carolina  proceeded  to  arm  her 
people.  Desiring  to  act  in  concert  with  the  South,  she  first  sent  dele 
gates  to  a  Southern  Congress,  and  next  prepared  herself  to  secede  from 
the  Union.  At  this  stage  of  her  progress  she  was  met  by  your  resolu 
tions  of  1851,  in  which  you  declared  your  acceptance  of  the  compromise 
of  1850,  and  your  request  to  us  to  desist  from  our  purpose  of  secession. 
We  did  desist.  We  restrained  our  gallant  coursers,  although  with  great 
straining  upon  the  reins  of  State.  We  have  stood  still  from  that  day, 
and  almost  mute.  We  have  waited  as  you  desired,  and  what  have  since 
been  the  results  ? 

Kansas  next  came  upon  the  stage  of  action.  A  strong  effort  is  made 
in  Congress  by  those  who  yet  believed  in  the  virtue  of  reasoning  with 
fanaticism,  and  of  persuading  the  demagogue  to  remove  the  \vhole  sub 
ject  of  slavery  from  the  halls  of  Congress.  The  Kansas-Nebraska  act 
is  passed,  the  Missouri  compromise  is  repealed.  At  the  same  time  the 
Supreme  Court  lends  its  aid  by  the  Dred  Scott  decision,  and  the  South 
is  congratulated  that  now  she  is  to  have  that  peace  for  which  so  many 
sacrifices  had  been  made. 

No  sooner  is  this  done  but  the  contest  assumes  a  new  and  more 
alarming  character.  Throughout  the  North  societies  are  organized  for 
taking  possession  of  Kansas.  Emigrants  are  sent  out  armed  to  the 


270  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

.teeth,  and  the  arms  are  furnished  by  the  pulpit  and  the  press.  The 
South  can  do  no  less  than  defend  itself,  and  thus  civil  war  is  waged  in 
the  Territory  between  North  and  South;  and  nothing  but  its  distance 
in  the  far  West  prevented  it  from  involving  the  entire  country.  That 
war  was  crushed  out  by  the  forces  of  the  Federal  government ;  but  the 
blood-hounds  whom  it  trained  were  kept  in  leash  to  break  forth  upon 
Harper's  Ferry.  It  has  ended  in  the  complete  delivery  of  Kansas  to  the 
North.  And  now  the  two  sections  stand  front  to  front — the  North  elate 
with  victory,  in  possessio'n  of  both  houses  of  Congress,  and  only  awaiting 
the  Presidential  election  to  seize  upon  the  purse  and  the  sword  of  the 
nation. 

Heretofore  each  section  of  the  Union  was  represented  in  either  camp. 
But  now  both  camps  are  sifted,  and  no  familiar  voice  from  either  section 
is  lifted  to  stay  the  sounds  of  angry  vituperation.  A  broad  geograph 
ical  line  is  ploughed  into  the  soil,  and  none  may  cross  it  but  with  sword 
and  buckler.  Compare  this  state  of  things  with  the  period  when  a  few 
fanatical  followers  rallied  around  Birney  as  their  leader.  Look  at  the 
struggle  made  at  the  last  Presidential  election,  and  consider  how  nearly 
we  had  reached  the  crisis.  The  Delilah  of  the  North  had  already  cried 
out,  "  The  Philistines  be  upon  thee,  0,  Samson."  And  although  on  that 
occasion  he  burst  asunder  the  withes  and  gave  us  respite  for  four  years, 
yet  now  again  are  new  bonds  in  preparation,  and  this  time  we  have 
reason  to  fear  that  the  locks  of  our  strength  have  been  shorn ;  and,  made 
blind  beforehand,  we  are  about  to  be  driven  to  the  mill-stones  to  grind 
meal  for  our  enemies. 

We  stand  now  in  the  Union,  fifteen  States  to  eighteen ;  and  of  these 
fifteen  we  must  consider  at  least  one  as  neutral.  The  constitutional 
barrier  which  we  have  always  had  in  the  Senate  is,  therefore,  gone,  and 
with  it  all  power  to  check  the  appointments  to  office.  The  House  of 
Representatives  has  been  lost  to  us  for  years.  The  Electoral  College, 
when  combined  sectionally,  must,  of  course,  elect  a  sectional  President; 
and  in  a  few  years  even  the  judicial  arm,  with  its  slender  protection, 
must  follow  the  appointing  power.  As  matters  stand,  we  are  virtually 
excluded  from  all  the  territory  of  the  Union ;  and  even  the  Territorial 
Legislature  of  Nebraska  has  ventured  to  pass  an  act  excluding  slavery 
from  that  Territory.  At  every  point,  therefore,  we  are  fairly  at  bay. 

Arid  what  is  the  prospect  before  us  ?  Is  it  likely  that  the  torrent 
which  is  in  motion  will  be  stayed  in  its  course?  A  few  moments' con 
sideration  of  its  causes  will  inform  us.  The  generation  which  now  has 
possession  of  the  political  power  of  the  North  has  been  regularly  trained 
from  childhood  to  the  course  which  they  are  now  pursuing.  At  their 
mother's  knee  they  were  taught  that  slavery  was  a  sin.  The  school  then 
surrounded  them  with  pictures  and  books,  in  which  the  lash  was  repre 
sented  in  every  Southern  hand,  and  the  groans  of  the  slave  as  the  music 


CONVENTION  OF  1852.  271 

of  every  Southern  household.  Horrid  spectacles  of  mothers  separated 
from  their  children ;  descriptions  of  brutal  violence  and  savage  disre 
gard  of  the  kindliest  feelings  of  humanity  have  been  set  before  them, 
and  the  generous  sympathies  of  youth  have  been  turned  against  their 
brethren  of  the  same  blood,  as  oppressors  of  the  weak  and  ignorant 
African. 

To  these  teachings  the  pulpit  adds  its  religious  sanction.  The  utter 
ance  of  anathemas  from  the  minister  clothes  the  sentiment  with  the 
solemnity  of  religious  truth.  Slavery  is  denounced  as  a  sin,  and  the  con 
science  is  misled  to  assume  jurisdiction  over  Southern  conduc-t.  The 
press  then  advances,  with  its  thousand  tongues,  and  nothing  is  heard 
but  the  continuous  cry  of  wrong,  and  the  earnest  appeal  for  means  and 
votes  to  extinguish  that  wrong.  And  here  the  party  leader,  with  his  po 
litical  craft  and  skill,  intervenes  and  gives  directions  to  the  one-sided 
energy,  which,  without  him,  would  soon  exhaust  itself.  Thus  we  have 
every  element  of  opinion  and  every  power  which  operates  on  mind 
brought  into  requisition  to  effect  one  result.  That  result  is  as  certain 
as  that  effect  follows  cause,  and  that  effect  must  remain  permanent,  for 
the  reason  that  the  causes  are  permanent  and  ever  acting. 

We  are  brought  then  to  this  conclusion :  The  South  stands  in  the  Union 
without  any  protection  from  the  Constitution,  subject  to  the  government 
of  a  sectional  party,  who  regard  our  institutions  as  sinful,  and  whose 
leaders  already  declare  that  the  destruction  of  these  institutions  is  only 
a  question  of  time.  The  power  of  this  party  must  increase  from  the  con 
tinued  operation  of  the  causes  which  have  given  them  their  present 
strength.  Thus,  with  the  forms  of  the  Constitution  around  us,  we  are 
deprived  of  all  the  benefits  to  secure  which  the  Union  was  formed. 

The  preamble  of  that  Constitution  sets  forth  these  objects  in  the 
following  terms : 

"  We,  the  people  of  the  United  States,  in  order  to  form  a  more  perfect 
union,  establish  justice,  insure  domestic  tranquility,  provide  for  the  com 
mon  defense,  promote  the  general  welfare,  and  secure  the  blessing  of 
liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish  this  Con 
stitution  for  the  United  States  of  America." 

Where  is  that  more  perfect  union  ?  The  answer  is  given  by  the  shout 
which  hailed  as  a  hero  the  murderer  and  assassin.  As  the  ancient 
Greeks  had  no  name  for  the  parricide,  and  imposed  no  punishment  for  an 
unknown  crime,  so  the  fathers  of  the  Constitution  provided  no  means  for 
repressing  the  unimagined  invasion  of  a  sister  State.  Nay,  they  actually 
disarmed  the  State,  giving  up  to  the  Federal  government  the  army  and 
navy,  and  making  no  provision  for  protection  of  a  State  from  invasion  by 
a  neighboring  State.  This  gave  rise  to  the  anomaly  exhibited  at  Har 
per's  Ferry  in  the  laws  of  the  Federal  government  affording  no  aid  to 
the  government  of  Virginia  to  protect  her  from  invasion.  This  more  per- 


272  LIFE  AND  TIMES  OF  C.  G.  MEHMINGER. 

feet  union  is  more  strikingly  illustrated  in  the  spectacle  now  exhibited 
in  the  array  of  one-half  the  Union  against  the  other,  urged  on  (as  one  of 
the  speakers  at  a  meeting  in  Boston  most  truthfully  declares)  by  a  "re 
ligion  of  hate,"  which  is  ready  "  to  break  down  all  laws,  human  and 
divine." 

But  the  Constitution  was  also  made  to  establish  justice.  The  estab 
lishment  of  justice  is  evinced  in  the  protection  and  security  of  life  and 
property.  The  blood  that  cries  from  the  ground  at  Harper's  Ferry  is 
witness  to  the  security  of  life,  and  doubtless  the  spotted  region  on  Brown's 
map  would  in  due  time  have  added  their  solemn  voices  but  for  the  utter 
failure  in  Virginia.  And  if  these  voices  do  not  convince,  let  the  ease 
with  which  some  of  the  confederates  escaped  through  sister  States  into 
Canada  add  its  testimony.  Nay,  more.  Suppose  jurisdiction  of  the  crime 
had  been  surrendered  to  the  Federal  government,  and  judgment  had 
been  delayed  until  the  fourth  of  March  next,  how  think  you  that  the  cul 
prits  would  have  fared  with  a  black  Eepublican  President  entrusted 
with  pardoning  power  ? 

And  what  protection  has  the  Union  afforded  to  the  most  valuable 
property  of  the  South — that  which  was  chiefly  in  view  when  the  Consti 
tution  was  made  ?  "  Thou  shalt  not  steal,"  says  the  word  of  God. 
"Thou  shalt  not  covet  thy  neighbor's  slave,"  says  the  same  authority. 
The  Constitution  and  the  "  higher  law  "  were  therefore  in  agreement 
when  it  recognized  property  in  a  slave  and  stipulated  to  return  him  to 
his  owner.  But  what  is  the  condition  of  things  in  this  Union  ?  Eight  at 
least  of  the  States,  and  I  am  told  as  many  as  sixteen,  have  enacted  laws 
to  defeat  the  rendition  of  the  slave  to  his  master,  and  at  this  moment  a 
controversy  is  pending  in  which  even  the  transit  of  the  slave  with  his 
master  through  a  free  State  is  declared  unlawful.  Associations  are 
openly  formed  for  the  purpose  of  stealing  and  receiving  the  slave  when 
stolen,  and  in  one  State  the  owner  reclaiming  his  slave  does  so  on  peril 
of  an  indictment  for  felony.  The  high  priest  of  this  new  religion,  occu 
pying  a  high  place  in  the  government,  and  a  probable  successor  to  the 
Presidency,  announces  to  his  followers  that  they  must  defend  these  fugi 
tive  slaves  as  they  would  their  "household  gods." 

And  how  does  the  Union  insure  domestic  tranquility?  Let  the  ne 
cessity  under  which  this  State  now  is  to  arm  her  people — let  that  neces 
sity  answer.  Let  the  sounds  of  war  which  are  yet  resounding  through 
the  streets  of  this  capital  answer.  Let  the  restless  and  uneasy  feeling 
throughout  the  entire  South  answer.  But  against  whom  are  we  com 
pelled  to  arm?  Who  are  they  that  threaten  us  with  coercion  and  vio 
lence?  It  is  they  who  are  called  our  brethren ;  they  who  are  our  rulers ; 
they  who  formed  with  us  a  Constitution  for  common  defense.  They  or 
ganize  in  their  midst  societies  to  destroy  our  peace,  and  to  arm  the  slave 
against  his  master;  they  preach  a  crusade  against  our  institutions;  they 


CONVENTION  OF  1852.  273 

train  up  their  children  to  hate  and  distrust;  they  abuse  to  our  destruc 
tion  the  power  which  the  government  has  confided  to  them.  We  have 
surrendered  to  that  government  our  arms  and  our  fortresses;  our  army 
and  our  navy ;  our  sword  and  purse ;  and  soon  we  may  find,  to  our  cost, 
that  they  are  in  the  hands  of  an  open  enemy. 

Time  does  not  permit  the  further  elucidation  of  this  portion  of  our 
enquiry.  Enough,  however,  has  been  said  to  prove  that  we  have  a  Union 
without  a  Constitution.  The  Union  indeed  stands,  but  it  has  ceased  to 
effect  for  us  at  the  South  the  great  objects  for  which  it  was  formed.  It 
is  but  the  carcass  of  its  former  self — the  body  without  the  soul.  The 
blessings  which  it  once  conferred  have  departed — the  glories  which  once 
surrounded  it  have  been  dimmed;  and  its  burdens  remain,  pressing 
down  upon  the  South  without  compensation.  History  is  not  without  its 
illustrations  on  this  subject  to  teach  us  wisdom.  Republics  have,  be 
fore  ours,  been  enslaved  under  all  the  forms  of  free  institutions.  It  was 
in  the  Roman  Senate  that  Sylla  sat  while  the  soldiers  were  butchering 
the  citizens  of  the  Republic.  It  was  in  the  Roman  forum  that  Antony 
thrice  offered  unto  Caesar  the  kingly  crown,  which,  in  deference  to  the 
forms  of  the  Constitution,  he  thrice  refused;  and  it  wras  in  a  vain  effort 
to  restore  that  Constitution  that  Brutus  and  his  confederates  put  Csesar 
to  death.  Long  after  the  extinction  of  all  liberty,  the  edicts  of  the  Sen 
ate  professed  to  be  in  the  name  of  the  Roman  people,  and  the  Emperor 
himself  exercised  his  absolute  authority  under  the  republican  names  of 
Consul  and  Imperator. 

Are  we  then  to  be  misled  in  the  same  manner  by  deceptive  appear 
ances?  Is  it  not  clear  to  the  Southern  people,  that  wrhen  the  North  have 
banded  themselves  together,  and  are  in  possession  of  the  government, 
the  South  has  become  a  province  of  the  North?  Are  they  not  really  in 
a  worse  condition  than  they  were  in  1775?  Then,  as  now,  a  sectional 
line  (wider  indeed  in  extent,  but  not  more  so  in  effect,)  separated  the 
rulers  from  their  subjects;  then,  as  now,  the  government  was  in  the 
hands  of  one  section,  the  other  having  a  choice  only  between  submission 
and  resistance.  But  now,  the  Southern  colonies  must  bear  these  addi 
tional  aggravations: 

1.  Our  rulers  have  been  educated  from  childhood  to  denounce  us  and 
our  institutions ;  so  that  instead  of  the  kindly  sympathy  with  which  a 
government  should  respond  to  the  feelings  of  those  whom  it  governs, 
our  government  is  our  enemy. 

2.  That  government  being  composed  of  a  sectional  party,  it  is  the  in 
terest  of  its  leaders  to  keep  alive  all  the  elements  of  sectional  strife; 
and  the  future,  therefore,  offers  to  us  no  prospect  of  relief. 

3.  The  immense  patronage  and  spoils  of  the  government,  and  the 
large  interests  involved  in  the  public  expenditures,  and  in  discriminat 
ing  tariffs,  bring  to  the  aid  of  the  dominant  party  every  selfish  interest, 

1 8 


274  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

and  enable  it  to  rivet  its  fetters  upon  the  South,  while  the  hope  held  out 
to  Southern  aspirants  for  office  is  used  to  corrupt  our  leaders  and  con 
found  our  people. 

4.  The  Southern  States  are  degraded  from  their  position  of  equality 
by  the  open  announcement  that  they  shall  have  no  further  expansion, 
while  the  North,  flushed  with  victory,  are  seizing  the  whole  territory  of 
the  Union,  and  give  us  plainly  to  understand  that  our  institutions  are 
already  doomed,  and  merely  await  execution  of  the  sentence. 

5.  And  finally,  we  are  graciously  informed  that  the  arrangements  of 
Southern  capital  and  labor  do  not  please  our  masters,  and  that  an  irre 
pressible  conflict  has  commenced  which  must  end  in  the  overthrow  of 
Southern  civilization. 

Even  the  Autocrat  of  Russia  feels  a  sympathy  with  his  Siberian  serfs, 
and  would  never  allow  his  government  to  be  regarded  as  the  instrument 
of  their  ruin.  If  we  are  to  be  provinces,  better — a  thousand  times  bet 
ter — to  have  in  our  rulers  at  least  the  prestige  of  an  illustrious  line  of 
noble  ancestry ;  to  be  governed  by  nature's  noblemen,  instead  of  the 
scum  which  the  surges  of  party  roll  up  on  its  surface. 

But  we  are  told  that  we  are  not  in  so  hopeless  a  condition ;  that  there 
are  good  men  and  true  at  the  North  who  will  break  down  this  sectional 
tyranny;  and  we  are  referred  to  the  meetings  lately  held  in  some  of 
our  Northern  cities.  I  honor  the  magnanimity  and  courage  of  those 
noble  spirits  who  have  ventured  to  stem  the  torrent  of  prejudice  and 
fanaticism.  But  their  efforts  have  proved  vain.  They  cannot  fail  to  be 
vain,  because  they  give  up  the  citadel  to  the  enemy.  Even  the  presi 
dent  of  the  Boston  meeting  declares  that  not  an  inch  more  is  to  be  yielded 
to  the  extension  of  slavery.  Every  speaker,  save  one,  (and  that  one  I 
honor  for  his  patriotic  firmness  and  sagacity — Mr.  O'Conor,  of  New 
York,)  admits  the  justness  of  the  Northern  condemnation  of  slavery. 
This  germ  contains  the  logical  sequence's  which  the  North  have  followed 
out  into  action.  There  can  be  no  peace  until  they  either  change  their 
opinions,  or  cease  from  taking  any  cognizance  whatsoever  of  slavery. 
They  must  respect  it  as  they  would  marriage,  parental  authority,  or 
any  other  legitimate  institution  of  a  sister  State,  and  until  oar  defend 
ers  take  this  position,  they  build  upon  the  sands. 

But  why  waste  our  time  in  surmise  when  realities  are  thrust  openly 
before  us  ?  Can  any  one  mistake  the  roaring  of  the  storm  at  Washing 
ton  ?  Has  the  column  of  the  Republican  party  there  shown  any  sign  of 
wavering  ?  Was  ever  such  a  spectacle  presented  to  this  country  be 
fore  ?  There  are  plainly  exhibited  the  dire  results  of  this  array  of  sec 
tions;  and  there  in  that  conflict  for  the  mastery  is  foreshadowed  that 
real  conflict  between  the  States  to  which  we  are  soon  to  be  summoned. 

Will  you  undertake  that  conflict  singly,  or  shall  we  act  in  concert  ? 
That  is  the  great  question  which  I  am  commissioned  to  ask.  In  1817 


CONVENTION  OF  1852.  275 

and  again  in  1849,  your  judgment  pronounced  in  favor  of  "concerted 
action."  We  have  adopted  your  judgment — and  we  come  now  to  pro 
pose  the  conference.  From  the  Federal  government  as  it  stands  we  can 
expect  nothing.  From  the  Northern  States  we  have  been  repelled  with 
denunciation.  Our  only  resource  then  is  in  ourselves,  and  among  our 
selves  union  is  strength. 

The  great  and  leading  argument  in  favor  of  a  conference  is,  that  it  is 
the  proper  step  in  any  contingency.  It  is  a  measure  which  will  preserve 
the  Union  if  it  can  constitutionally  be  preserved;  and  if  it  cannot,  it  is 
the  proper  preparatory  step  for  Southern  defense.  Those  who  desire 
the  maintenance  of  the  Union  must  perceive  that  nothing  is  more 
likely  to  drive  back  the  aggressions  of  the  North,  and  to  restore  us  to 
rights,  than  the  exhibition  of  a  united  and  determined  purpose  of  re 
sistance.  And  those  who  believe  that  the  Union  cannot  be  preserved, 
will  equally  perceive  that  a  Southern  conference  is  a  necessary  step  to 
effective  Southern  defense.  This  measure  ought,  therefore,  to  unite  all 
parties  excepting  alone  that  (if  there  be  any  such)  which  favors  uncon 
ditional  submission. 

And  what  shall  be  the  advice  which  may  reasonably  be  expected  from 
such  a  conference  ?  Certainly  they  will  require  a  restoration  of  the  Con 
stitution  and  the  perfect  equality  of  the  Southern  States.  Could  any 
measure  be  more  likely  to  effect  this  result  than  the  united  demand  of 
the  whole  South?  Say  to  the  North,  repeal  at  once  all  your  enactments 
against  the  just  rendition  of  our  slaves;  break  up  your  underground 
railroads;  perform  towards  us  your  constitutional  obligations,  and  re 
store  to  us  all  those  rights  which  the  comity  of  nations  as  \vell  as  the 
Federal  Constitution  guarantee  to  us.  We  insist  that  nations  bound  to 
each  other  as  we  are  cannot  agitate  and  form  societies  to  impair  the  in 
stitutions  recognized  by  the  laws  of  either,  and  we  demand  the  immedi 
ate  suppression  of  such  societies  and  the  return  of  tranquility  to  oar 
borders.  If  we  are  to  remain  united,  we  must  no  longer  have  our  prop 
erty  stolen  from  us,  and  the1  thieves  and  stolen  property  protected  by 
your  laws;  neither  will  we  hear  ourselves  denounced  as  criminals  and 
evil-doers  wrhile  obeying  our  own  laws.  Surely  the  South  may  unite  in 
declaring  anew  her  bill  of  rights,  and  it  is  not  yet  treasonable  to  add  that 
she  must  have  equality  in  the  Union,  or  she  will  seek  independence  out 
of  it. 

It  is  obvious  to  every  one  that  if  it  be  possible  to  procure  these  de 
mands  and  to  remain  in  the  Union,  the  united  voice  of  the  whole  South 
is  the  only  mode  of  effecting  it;  and  if  there  be  a  more  forbearing  party 
Still,  who  desire  to  try  in  the  Union  measures  of  retaliation  and  non- 
intercourse,  or  others  who  hope  to  prevail  upon  the  North  to  give  us  new 
guarantees  by  amendments  of  the  Constitution  of  the  United  States,  a 
conference  of  the  South  offers  the  best  mode  of  carrying  out  their  plans. 


276  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

The  wisest  and  best  men  of  the  South  will  be  brought  together  to  con 
sider  them,  and  the"  wisest  and  best  measures  may  reasonably  be  ex 
pected. 

I  would  be  wanting  in  the  frankness  and  candor  due  to  this  august 
assemblage,  if  I  did  not  plainly  declare  the  opinions  which  we  entertain 
in  South  Carolina.  We  have  no  confidence  in  any  paper  guarantees— 
neither  do  we  believe  that  any  measures  of  restriction  or  retaliation 
within  the  present  Union  will  avail.  But  with  equal  frankness  we  de 
clare  that  when  we  propose  a  conference,  we  do  so  with  the  full  under 
standing  that  we  are  but  one  of  the  States  in  that  conference,  entitled 
like  all  others  to  express  our  opinions,  but  willing  to  respect  and  abide 
by  the  united  judgment  of  the  whole.  If  our  pace  be  too  fast  for  some, 
we  are  content  to  walk  slower;  our  earnest  wish  is  that  all  may  keep 
together.  "We  cannot  consent  to  stand  still,  but  would  gladly  make 
common  cause  with  all.  We  are  far  from  expecting  or  desiring  to  dic 
tate  or  lead. 

There  are  indeed  material  guarantees  which  Southern  statesmen 
have  proposed,  and  which,  if  added  to  the  Constitution,  might  restore  to 
the  South  its  equality  in  the  Union.  Among  these  may  be  mentioned 
Mr.  Calhoun's  suggestion  of  a  dual  executive;  and  although  attempts 
have  been  made  to  detract  from  this  suggestion  as  impracticable,  it  may 
be  answered  that  the  Roman  Republic,  with  its  two  Consuls,  so  far  from 
proving  an  impracticable  government,  lasted  five  hundred  years,  and 
under  this  dual  executive  conquered  the  world. 

Another  suggestion  has  been  offered  of  dividing  the  Senate  into  two 
sectional  classes,  and  requiring  a  concurrence  upon  all  sectional  ques 
tions,  somewhat  after  the  plan  established  in  the  conventions  of  the 
Episcopal  Church  of  America.  This  plan  has  the  advantage  of  actual 
existence  in  their  midst. 

The  Governor  of  this  State  has  proposed  that  a  Convention  of  the 
United  States  should  be  called  to  determine  whether  amendments  may 
not  be  made  to  the  Constitution  to  save  the  Union ;  and  if  they  cannot, 
then  that  such  division  be  made  of  the  governme-nt  property  as  would 
tend  to  a  peaceful  and  just  arrangement.  Such  a  measure  would  most 
naturally  and  properly  be  preceded  by  a  Southern  conference  to  agree 
beforehand  upon  such  amendments  as  should  be  proposed,  and  such  de 
mands  as  should  be  made  by  the  South.  If  such  a  body  should  ever 
meet,  it  would  be  indeed  unfortunate  for  the  South  to  enter  it  with 
divided  counsels. 

Unquestionably  the  South  is  entitled  to  demand,  as  already  stated, 
an  equal  share  of  the  territory  of  the  Union ;  and  the  repeal  of  all  laws 
obstructing  the  return  of  fugitive  slaves;  and  it  would  seem  to  be 
equally  unquestionable  that  she  has  a  right  to  demand  the  disbanding 
of  every  society  which  is  agitating  the  Northern  mind  against  Southern 


CONVENTION  OF  1852.  277 

institutions.  These,  with  a  surrender  of  the  power  to  amend  the  Con 
stitution  of  the  United  States  in  regard  to  slavery,  would  be  proper  sub 
jects  for  the  consideration  of  a  Southern  conference,  and  would  all  come 
within  the  purview  of  the  measure  recommended  by  his  Excellency.  If 
any  of  them  shall  be  demanded  of  the  proposed  Convention  of  the  United 
States,  they  would  at  least  serve  to  test  the  sincerity  of  the  profession 
of  the  Northern  Unionists. 

On  the  other  hand,  those  who  believe  in  the  efficiency  of  measures  of 
restriction  and  commercial  independence,  must  perceive  that  such 
measures  would  be  far  more  effective  if  taken  in  concert.  What  benefit 
would  result  from  non-importation  into  Richmond  and  Norfolk,  if  Eden- 
ton  and  Newbern  and  Beaufort  received  Northern  goods  as  before  ? 
and  what  good  effect  would  restrictions  at  Charleston  serve,  if  Savan 
nah  should  decline  concurrence  ?  The  commercial  independence  of 
the  South  is  certainly  an  object  greatly  to  be  desired.  Is  it  possible  to 
advance  it  more  effectually  than  by  the  concerted  action  of  the  whole 
South  ? 

And  if  a  conference  should  do  no  more  than  to  turn  the  eyes  of  the 
South  from  presidential  elections  and  Federal  office,  and  stir  up  our 
leading  men  to  seek  position  at  the  South,  and  to  advance  and  develop 
the  resources  of  our  own  country,  we  shall  have  made  a  great  advance 
towards  the  solution  of  our  difficulties.  And  finally  if  the  worst  must 
come,  and  we  must  take  our  destinies  into  our  own  hands,  a  Southern 
conference  is  the  necessary  step  to  such  arrangements  as  are  requisite 
to  take  our  place  among  the  nations  of  the  earth. 

It  is  this  last  consideration  that  doubtless  retards  many  from  yield 
ing  to  it  their  support.  Such  a  meeting  in  1775  led  to  the  Revolution; 
and  it  is  objected  that  the  meeting  of  1860  may  lead  to  the  same  result. 
To  this  objection  I  answer  that  a  similar  meeting  in  1765  led  to  the  re 
peal  of  the  stamp  act;  and  if  the  mother  country  had  acted  with  jus 
tice  and  moderation,  they  might  have  preserved  to  this  day  their  union 
with  the  colonies.  The  meeting  of  1775  led  to  Revolution  because 
tyranny  and  oppression  could  no  longer  be  borne,  and  they  only  can 
object  to  this  result  who  will  maintain  that  the  Revolution  was  wrong, 
and  that  America  should  have  crouched  beneath  the  paw  of  the  British 
lion.  So  also  now,  if  just  and  moderate  counsels  shall  prevail  over 
fanaticism  and  tyranny — if  the  North  shall  follow  the  wise  and  saga 
cious  advice  of  Pitt  and  Camden,  then  the  same  results  will  follow  as  in 
1765.  But  if  they  move  forward  to  their  unholy  purposes  with  the  ran 
corous  blindness  of  Lord  North  and  his  associates,  then  the  precedent  of 
1775  is  the  fitting  example  for  the  South  and  the  same  catastrophy  will 
be  the  fitting  end  of  the  drama.  If  such  a  result  were  right  then,  it 
would  be  right  now;  and  if  it  be  certain  thafcthe  North  will  insist  upon 
ruling  us  as  subjects,  when  they  have  extinguished  our  constitutional 


278  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

guarantees  and  refused  our  equal  rights,  then  it  is  true  we  should  at 
once  seek  our  Washington  to  guide  us  through  the  new  conflict  that 
awaits  us. 

Unquestionably  there  is  risk,  but  that  risk  is  from  the  perseverance 
of  our  enemies  in  wrong.  If  they  will  do  right  all  will  be  well.  Must 
we  then  accept  the  alternative  of  unconditional  submission  because 
there  is  risk  of  revolution  ?  Was  there  ever  a  prize  to  be  attained  with 
out  risk  ?  It  is  the  law  of  God  that  everything  valuable  must  be  at 
tained  by  effort.  "  In  the  sweat  of  thy  face  shalt  thou  eat  bread;"  and 
this  sentence  is  inwrought  in  all  human  possessions.  Free  institutions 
are  among  the  most  valuable  of  these,  and  they  can  only  be  maintained 
by  constant  and  untiring  effort. 

"  Oh,  freedom !  thou  art  not,  as  poets  dream, 
A  fair  young  girl,  with  light  and  delicate  limbs, 
And  wavy  tresses,  gushing  from  her  can. 

"  A  bearded  man 

Armed  to  the  teeth  art  thou  ;  one  mailed  hand 
Grasps  the  broad  shield ;  and  one  the  sword ; 

Thy  brow, 

Glorious  in  beauty  though  it  be,  is  scarred 
With  tokens  of  old  wars." 

Mr.  Speaker  and  Gentlemen, — I  have  done.  I  have  executed  my 
commission.  I  have  discharged  as  faithfully  as  I  can  the  high  trust 
confided  to  me  by  South  Carolina.  I  have  delivered  into  the  keeping  of 
Virginia  the  cause  of  the  South.  You"  who  occupy  the  seats  of  Wash 
ington  and  of  Henry  cannot  decide  this  as  an  ordinary  question  of 
legislative  duty.  In  your  keeping  is  the  glory  of  those  noble  spirits 
who  have  consecrated  the  soil  upon  which  we  stand.  You  cannot,  you 
will  not,  dim  the  lustre  which  surrounds  this  capitol  by  extinguishing 
any  of  the  lights  which  they  have  kindled;  and  may  that  God  whose 
blessings  we  invoked  at  the  beginning  of  this  deliberation,  now  attend 
you  to  the  end,  and  guide  you  to  such  a  conclusion  as  will  secure  the 
welfare  and  happiness  of  our  Southern  country. 

Following  the  address,  the  General  Assembly  of  Virginia 
adopted  the  resolutions  we  have  heretofore  presented. 

Mr.  Memminger  remained  in  Richmond  for  several  days, 
awaiting  the  action  of  the  General  Assembly  on  the  subject 
matter  of  his  mission. 

He  was  accompanied  to  the  good  old  city  on  the  James 
by  his  daughter,  Miss  Lucy,  then  in  the  bloom  of  lovely 
young  womanhood.  Her  beauty  and  grace  threw  a  pecu 
liar  charm  around  the  social  life  of  South  Carolina's  Com- 


CONVENTION  OF  1852.  279 

missioner,  while  she  became  the  recipient  of  the  most  deli 
cate  attentions  from  the  noble  men  and  women  of  this  old 
metropolis  of  elegant  courtesies.  Thus  were  formed  those 
charming  social  attachments,  which  in  after  years  made  the 
home  of  the  Secretary  of  the  Treasury  of  the  Confederate 
States,  in  Richmond,  among  the  most  attractive  of  the  many 
that  illustrated  the  graces  of  our  Southern  civilization  at  the 
capital  of  "  Dixie." 

Uncertain  as  to  what  action  the  Legislature  of  Virginia 
would  take  with  reference  to  his  mission,  and  assured  that 
his  presence  in  Richmond  could  not  affect  the  ultimate  action 
of  the  body,  Mr.  Memminger  addressed  the  following  letter 
to  Governor  Letcher,  and  returned  to  South  Carolina : 

RICHMOND,  February  7, 1860. 
His  Excellency  John  Letcher,  Governor  of  the  State  of  Virginia: 

DEAR  SIR, — Having  discharged  the  duties  of  my  mission  to  the  State 
of  Virginia,  I  have  been  waiting  in  expectation  of  bearing  back  the  ans 
wer  of  the  General  Assembly.  But  as  that  honorable  body  is  not  yet 
prepared  to  respond,  and  may  desire  still  further  time  for  deliberation. 
I  have  concluded  to  return  home,  and  to  request  your  Excellency  to 
communicate  to  the  Governor  of  South  Carolina  the  final  answer  of  the 
Assembly. 

In  taking  leave  of  your  Excellency,  permit  me  to  express  the  grateful 
remembrance  which  I  shall  bear  with  me,  of  the  regard  and  respect 
which  have  been  exhibited  toward  the  people  of  South  Carolina,  and  of 
the  kindness  and  hospitality  to  myself.  Whatever  may  be  the  issue  of  the 
present  mission,  I  earnestly  hope  that  it  may  serve  more  closely  to  unite 
our  respective  people  in  the  bonds  of  mutual  affection  and  good  will. 

"With  much  respect,  your  obedient  servant, 

C.  G.  MEMMINGER 

"While  there  was  no  immediate  result  following  upon  the 
mission  of  Mr.  Memminger — such  as  was  hoped  for  by  those 
who  desired  the  withdrawal  of  the  Southern  States  from  the 
Union — yet  it  was  far  from  being  a  failure.  The  logical  and 
eloquent  appeal  made  by  him  to  the  Virginia  Legislature, 
reached  the  thinking  men  of  the  country,  and  prepared  their 


280  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

minds  for  the  events  which  were  soon  to  convulse  the  Union 
of  States  with  the  throes  of  a  mighty  revolution. 

On  reaching  his  home  in  Charleston,  Mr.  Memminger  sent 
the  following  report  of  his  mission  to  Governor  Gist : 

CHARLESTON,  February  13, 1860. 
His  Excellency  Wm.  H.  Gist,  Governor  of  the  State  of  South  Carolina: 

DEAR  SIR, — I  respectfully  report  to  your  Excellency,  that  upon  the 
receipt  of  your  appointment  to  the  office  of  Commissioner  to  the  State  of 
Virginia,  I  proceeded  to  the  city  o*f  Richmond.  On  my  arrival  there  I 
was  received  by  a  committee  of  the  General  Assembly  as  the  guest  of 
the  State  of  Virginia;  and  every  attention  which  the  most  courteous 
and  refined  hospitality  could  suggest  was  exhibited  toward  me  during 
my  whole  stay  in  Richmond. 

The  Governor  of  Virginia  with  considerate  forecast,  had  prepared  the 
way  for  my  introduction  to  the  General  Assembly,  and  promptly  com 
municated  my  credentials  and  the  object  of  my  mission ;  and  I  was  in 
vited  by  the  General  Assembly  to  explain  at  large  the  views  of  South 
Carolina  before  the  assembled  authorities  of  Virginia.  This  invitation 
I  accepted,  and  the  Governor  and  the  Judges  of  the  State,  together  with 
both  branches  of  the  General  Assembly,  met  together  at  the  Capitol  to 
do  honor  to  the  State  of  South  Carolina,  and  to  evince  their  high  respect 
for  her  message. 

I  herewith  submit  to  your  Excellency  a  summary  of  the  address 
which  I  had  the  honor  to  deliver  on  that  occasion,  as  the  same  was  sub 
sequently  printed  by  order  of  the  General  Assembly. 

After  the  delivery  of  this  address,  I  remained  in  Richmond,  in  the 
expectation  of  bearing  back  to  your  Excellency  the  answer  of  the  Gen 
eral  Assembly  of  Virginia.  That  honorable  body,  however,  was  not  pre 
pared  to  make  so  speedy  a  response,  and,  under  the  circumstances,  it 
seemed  to  me  best  that  I  should  return  home  and  await  the  result  of 
their  deliberations.  Accordingly  I  addressed  to  the  Governor  of  Vir 
ginia  a  final  communication,  of  which  a  copy  is  enclosed,  and  on  the  9th 
instant  took  leave  of  his  Excellency  and  returned  home. 

Whatever  may  be  the  result  of  the  mission  in  relation  to  the  confer 
ence  proposed,  its  effects  cannot  fail  to  be  beneficial  in  other  respects. 
The  warm  and  kindly  feeling  which  was  exhibited  to  me,  was,  of  course, 
the  expression  of  that  feeling  towards  the  State  which  I  represented, 
and  every  South  Carolinian  may  justly  share  in  it.  On  every  occasion 
of  public  festivity  or  private  intercourse,  where  our  State  or  people  were 
named,  the  demonstrations  of  kindness  and  respect  were  so  marked  as 
to  evince  the  warmest  sympathy  and  fellow-feeling.  And  although  the 
extent  of  this  great  State,  and  the  diversity  of  sentiment  which  yet  pre- 


CONVENTION  OF  1852.  281 

vails  among  her  people  as  to  proper  remedies  may  impair  her  unity  and 
promptness  of  action,  yet  her  high  tone  and  the  manly  spirit  of  elevated 
patriotism  manifested  by  her  sons  ensure  her  eventual  support  of  the 
equal  constitutional  rights  of  the  South. 

These  rights  most  of  her  people  still  think  can  yet  be  secured  by 
measures  within  the  Union;  and  the  apprehension  that  the  proposed 
conference  must  lead  to  disunion  has  hitherto  been  the  hindrance  to  its 
adoption.  This  apprehension,  I  have  endeavored  to  show,  can  only  be 
come  serious  incase  the  North  shall  refuse  justice  to  the  South.  If  the 
constitutional  rights  of  the  South  be  set  at  naught — if  her  security  be 
disregarded — if  a  sectional  party  takes  possession  of  the  government 
and  delivers  up  the  South  without  any  constitutional  protection  to  the 
combined  hatred  of  fanaticism  and  faction,  then  the  Union  becomes  an 
instrument  of  tyranny,  and  the  South  its  victim.  In  that  case,  truly, 
the  apprehension  of  disunion  from  a  conference  would  be  just.  But  if, 
as  many  in  Virginia  believe,  there  is  yet  fraternal  feeling  enough  exist 
ing  at  the  North  to  stay  the  tide  of  fanaticism  and  to  do  justice  to  the 
South,  then  the  apprehension  of  disunion  from  a  conference  is  without 
foundation.  On  the  contrary,  a  conference  becomes,  in  fact,  the  very 
best  instrument  to  assist  the  supposed  fraternal  feeling  of  the  North. 
It  would  bring  to  its  aid  the  united  action  of  the  South,  and  by  present 
ing  a  bold  and  manly  front  would  compel  the  adversary  to  respect  their 
rights  and  yield  to  their  demand. 

This  view  of  the  subject  seems  so  just  that  I  cannot  doubt  but  that 
it  will  finally  prevail  in  Virginia.  The  defenders  of  Southern  rights 
there  are  firm  and  elevated  patriots.  They  will  not  be  deterred  by  pres 
ent  difficulties;  and  even  should  they  fail  at  present  in  carrying  a 
Southern  Conference,  I  have  an  abiding  conviction  that  they  will  be 
sustained  by  their  people,  and  that  Virginia  will  assuredly  take  her 
place  in  the  united  council  of  the  South.  With  much  respect, 
Your  obedient  servant, 

C.  G.  MEMMINGER. 

The  following  is  a  copy  of  the  reply  of  Governor  Gist: 

EXECUTIVE  DEPARTMENT, 
UNIONVILLE,  S.  C.,  Feb.  30, 1860. 
Hon.  C.  G.  Memminger: 

DEAR  SIR, — In  acknowledging  the  receipt  of  your  report  on  your  mis 
sion  to  the  State  of  Virginia,  accompanied  with  a  copy  of  your  address 
before  the  Legislature,  it  affords  me  great  pleasure  to  say  that  the  views 
presented  and  arguments  advanced  seem  to  me  unanswerable.  And 
although  Virginia  may  hesitate  or  refuse  to  act  at  present,  the  power  of 
truth  will  ultimately  prevail,  and  she  wall  take  her  proper  place  as  a 


282  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. , 

leader  of  the  South  in  maintaining  our  rights  and  redressing  our  wrongs 
in  or  out  of  the  Union. 

Whatever  may  be  the  result  of  your  mission  in  other  respects,  Vir 
ginia  has  certainly  given  evidence,  in  the  courtesy  and  kindness  ex 
tended  to  you,  and  in  the  respectful  consideration  of  the  resolutions,  of 
her  high  regard  for  South  Carolina,  and  of  a  proper  appreciation  of  her 
motives,  for  which  she  is  entitled  to  our  respectful  acknowledgments. 

Allow  me  to  congratulate  you,  sir,  upon  the  faithful  and  able  manner 
in  which  you  have  discharged  the  high  trust  committed  to  you,  and  to 
thank  you,  in  the  name  of  the  State,  for  your  distinguished  services. 

WILLIAM  H.  GIST. 


CHAPTER  VII. 
$<?e<?5sioi?  of  Soutl?  Qaroli^a  jroft  tye  Urjioij. 


(HE  approval  thus  made  by  the  Governor  of  the 
State,  which  Mr:  Memminger  had  so  well  repre 
sented,  was  but  the  just  appreciation  of  his  peo 
ple  who  had  read  with  great  satisfaction  the  reports  of  his 
mission  to  Virginia  made  through  the  daily  press. 

No  people  have  been  more  ready,  at  all  proper  times,  to 
applaud  a  worthy  achievement,  and  none  have  done  so  with 
more  becoming  grace,  or  with  a  more  sincere  appreciation 
of  merit  than  those  who  had  entrusted  the  dignity  of  their 
State  and  the  righteousness  of  their  cause  to  Mr.  Memmin 
ger  as  their  ambassador  to  Virginia.  The  editorial  comments 
of  the  leading  journals  of  South  Carolina  not  only,  but 
throughout  the  South,  were  tributes  to  the  excellency  of  the 
man,  and  of  congratulations  to  the  people,  just  to  the  one 
and  a  grateful  recognition  of  obligations  on  the  part  of  the 
other. 

This  was  especially  the  case  in  Charleston,  where  Mr. 
Memminger  had  grown  into  the  full  stature  of  a  great  man; 
where  from  infancy  to  mature  years  he  had  lived  and 
labored,  and  where  he  had  evidenced  the  virtues  of  a  noble 
citizenship  in  a  life  that  had  been  an  open  book,  "read  and 
known  of  all  men." 

The  hope  that  had  been  entertained  and  at  times  encour 
aged  by  the  action  of  the  few  conservative  members  of  the 
Free-Soil  party,  that  the  Supreme  Court  of  the  United 
States  would  set  at  rest  the  questions  growing  out  of  the 
annexation  of  the  Western  Territories,  proved  to  be  ill- 
founded  and  delusive. 

[  283  ] 


284  LIFE  AND  TIMES  OF  C.  G.  MEMMINGE&. 

The  decade  from  1850  to  1860  was  one  continued  period 
of  excitement  in  which  the  aggressive  spirit  of  the  aboli 
tionists  aroused  the  people  of  the  Southern  States  to  a  full 
realization  of  the  danger  that  not  only  jeopardized  their 
material  interests,  but  threatened  their  peaceful  homes 
with  the  horrors  of  internecine  war. 

The  great  Calhoun  had  appeared  for  the  last  time  in  the 
Senate,  and  had  made  his  last  logical  protest  against  the 
encroachments  which  prejudice  and  passion  h*ad  made  and 
were  making  upon  the  chartered  rights  of  the  States.  In 
vain  had  he  sought  to  amend  that  charter  so  as  to  provide 
for  a  permanent  settlement  of  all  questions  growing  out  of 
the  institution  of  slavery,  and  to  bring  tranquility  to  his 
distracted  country.  The  great  Webster  had  for  the  last 
time  condemned  the  fanaticism  of  the  abolitionists,  and 
with  the  earnestness  of  sincere  convictions  had  opposed 
all  congressional  legislation  designed  to  regulate  the  insti 
tution  of  slavery  as  being  unwarranted  by  the  Constitution. 
The  great  Clay  had  made  his  last  effort  at  pacification. 

This  mighty  triumvirate  of  American  statesmen  had 
been  gathered  to  their  fathers,  and  with  their  warnings, 
their  forebodings  and  appeals,  to  the  patriotism,  the  modera 
tion  and  the  wisdom  of  the  people,  they  had  honored  in 
their  long  service,  lingering  as  echoes  of  the  forum,  they 
had  left  to  other  spirits  and  to  other  minds  the  welfare  of 
the  States. 

Year  after  year  the  zeal  of  the  abolitionists  had  made 
their  purpose  more  and  yet  more  evident,  and  as  the  aggres 
sive  spirit  of  this  party  gathered  strength  with  increasing 
numbers  those  who  were  the  most  zealous  became  unscru 
pulous  in  the  methods  adopted  to  give  expression  to  their 
fanaticism.  The  struggle  for  Kansas,  under  the  influence 
of  the  "  Squatter  Sovereignty  "  doctrine  of  Senator  Doug 
las,  had  brought  about  sharp  and  bloody  conflicts  between 
the  slavery  and  the  anti-slavery  factions  in  that  Territory, 


SOUTH  CAROLINA  SECEDES.  285 

John  Brown  had  made  himself  notorious  and  had  become 
among  the  abolitionists  the  eulogized  type  of  their  fanatical 
partisans.  Not  content  v\dth  his  bloody  deeds  in  the  West, 
he  had  organized  a  band  of  kindred  spirits,  and  without 
warning,  had  made  an  invasion  of  Virginia,  at  Harper's 
Ferry,  with  the  avowed  purpose  of  liberating  the  slaves  and 
inciting  an  insurrection  among  them.  Finally  the  Free- 
Soil  party,  the  several  abolition  societies  of  the  New  Eng 
land  and  Northern  States,  with  the  ambitious  and  dissatis 
fied  among  the  Whigs,  and  from  other  political  organiza 
tions,  had  united  themselves  into  an  organization  known  as 
the  National  Republican  Party. 

The  Democratic  party,  which  for  many  years  had  con 
trolled  the  administration  of  the  Federal  government,  had 
become  dismembered.  The  Convention  of  1859  forced  the 
issue  upon  which  this  great  political  organization  divided 
into  two  factions — the  one  known  as  the  National  Demo 
cratic  party,  lead  by  Stephen  A.  Douglas,  and  the  other 
State  Rights'  Democratic  Party,  and  lead  by  John  C.  Breck- 
inridge. 

The  election  for  President  and  Vice-President  of  the 
United  States  was  about  to  transpire  when  the  Legislature 
of  South  Carolina  convened  in  extra  session  on  the  fifth  of 
November,  1860,  in  compliance  with  the  proclamation  of 
Governor  Gist.  This  extra  session  was  called  ostensibly  for 
the  purpose  of  appointing  electors  of  President  and  Vice- 
President,  in  conformity  with  the  act  of  Congress,  which 
fixed  the  time  when  these  electors  were  to  be  appointed  on 
a  day  when  the  legislature  of  the  State  was  not  in  session. 
In  his  message  to  this  Legislature,  Governor  Gist  uses  the 
following  language  : 

Under  ordinary  circumstances  your  duty  could  be  soon  discharged 
by  the  election  of  electors  representing  the  choice  of  the  people  of  the 
State;  but  in  view  of  the  threatening  aspect  of  affairs,  and  the  strong 
probability  of  the  election  to  the  Presidency  of  a  sectional  candidate  by 


286  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

a  party  committed  to  the  support  of  measures  which,  if  carried  out,  will 
inevitably  destroy  our  equality  in  the  Union,  and  ultimately  reduce  the 
Southern  States  to  mere  provinces  of  a  consolidated  despotism,  to  be 
governed  by  a  fixed  majority  in  Congress,  hostile  to  our  institutions* 
and  fatally  bent  upon  our  ruin,  I  would  respectfully  suggest  that  the 
Legislature  remain  in  session  and  take  such  action  as  will  prepare  the 
State  for  any  emergency  that  may  arise. 

That  an  expression  of  the  will  of  the  people  may  be  obtained  on  a 
question  involving  such  momentous  consequences,  I  would  earnestly 
recommend  that  in  the  event  of  the  election  of  Abraham  Lincoln  to  the 
Presidency,  a  convention  of  the  people  of  this  State  be  immediately 
called  to  consider  and  determine  "  the  mode  and  measure  of  redress." 

The  success  of  the  Republican  party  in  electing  Mr.  Lin 
coln  to  the  Presidency,  although  by  a  minority  vote,  as 
compared  with  that  received  by  the  other  candidates  jointly, 
having  been  announced,  resolutions  were  introduced  into 
the  House  of  Representatives  and  also  in  the  Senate,  declar 
ing  it  to  be  the  duty  of  South  Carolina  to  at  once  withdraw 
from  the  Federal  Union,  and  that  for  this  purpose  a  con 
vention  of  the  people  should  be  called  to  assemble  at  an 
early  day. 

These  several  resolutions  were  embodied  in  the  form  of 
"  A  bill  to  provide  for  the  calling  of  a  convention  of  the 
people  of  the  State,"  which  passed  both  Houses  of  the 
Legislature  by  so  large  a  majority  as  to  be  practically 
unanimous. 

In  compliance  with  the  provisions  of  this  bill,  delegates 
from  the  several  districts  and  parishes  of  the  State  were 
elected  who  assembled  in  Convention  at  Columbia,  on  the 
17th  day  of  December,  1860. 

No  more  important  or  more  representative  assembly  had 
ever  before  met  to  pass  in  judgment  upon  the  welfare  of  the 
people  of  South  Carolina.  The  great  object  had  in  view 
had  been  distinctly  set  forth  in  the  act  of  the  Legislature 
calling  the  Convention,  and  hence  following  not  alone  a 
time-honored  custom,  that  had  from  colonial  days  evidenced 
their  wisdom,  but  impressed  with  the  responsibility  of  the 


SOUTH  CAROLINA  SECEDES. 


287 


act,  the  people  had  selected  their  best  men  to  represent 
their  spirit  and  to  execute  their  deliberate  judgment.  The 
following  list  embraces  the  names  of  the  delegates  chosen 
to  this  Convention.  Among  them  are  many  who  had  be 
come  distinguished  for  their  virtues  of  manhood,  and  in  the 
service  of  the  State: 


D.  F.  JAMISON,  Delegate  from  Barnwell,  and 
Thos.  Chiles  Perrin,        George  W.  Seabrook, 
Edw.  Noble,  John  Jenkins, 

J.  H.  Wilson,  R.  J.  Davant, 

Thomas  Thomson,  E.  M.  Seabrook, 

David  Lewis  "Wardlaw,  John  J.  Wannamaker, 
Jno.  Alfred  Calhoun,       Elias  B.  Scott, 
John  Izard  Middleton,    Joseph  E.  Jenkins, 


Benj.  E.  Sessions, 
J.  N.  Whitner, 
James  L.  Orr, 
J.  P.  Reed, 
R.  F.  Simpson, 
Benj.  F.  Mauldin, 
Lewis  M.  Ayer,  Jr., 
W.  Peronneau  Finley, 
J.  J.  Brabham, 
Benj.  W.  Lawton, 
John  McKee, 
Thomas  W.  Moore, 
Richard  Woods, 
A.  Q.  Dunovant, 
John  A.  Inglis, 
Henry  Mclver, 
Stephen  Jackson, 
Jos.  Daniel  Pope, 
C.  P.  Brown, 
John  M.  Shingler, 
Daniel  Da  Pre, 
A.  Mazyck, 
William  Cain, 
P.  G.  Snowden, 


Langdon  Cheves, 
George  Rhode,    . 
A.  G.  Magrath, 
Wm.  Porcher  Miles, 
John  Townsend, 
Robert  N.  Gourdin, 
H.  W.  Conner, 
Theodore  D.  Wagner, 
R.  Barnwell  Rhett, 
C.  G.  Memminger, 
Gabriel  Manigalt, 
John  J.  Pringle  Smith, 
Isaac  W.  Hayne, 
John  II.  Honour, 
Richard  De  Treville, 
Thomas  M.  Hanckel, 
A.  W.  Burnett. 
Thomas  Y.  Simons, 
L.  W.  Spratt, 
Williams  Middleton, 
F.  D.  Richardson, 


B.  H.  Rutledge, 
Edward  McCrady, 
Francis  J.  Porcher, 
W.  Pinckney  Shingler,   James  Chesnut,  Jr., 
Peter  P.  Bonneau,  Joseph  B.  Kershaw, 

John  P.  Richardson,        Thomas  W.  Beaty, 
John  L.  Manning,  William  J.  Ellis, 


President  Convention  . 
T.  L.  Gourdin, 
John  S.  Palmer, 
John  L.  Nowell, 
John  S.  O'Hear, 
John  G.  Landrum, 
B.  B.  Foster, 
Benj.  F.  Kilgore, 
Jas.  H.  Carlisle, 
Simpson  Bobo, 
Wm.  Curtis, 
H.  D.  Green, 
Matthew  P.  Mays, 
Thos.  R.  English,  Sr., 
Albertus  C.  Spain, 
J.  M.  Gadberry, 
J.  S.  Sims, 
Wm.  H.  Gist, 
James  Jefferies, 
Anthony  W.  Dozier, 
John  G.  Pressley, 
R.  C.  Logan, 
Francis  S.  Parker, 
Benj.  Faneuil  Dunkin, 
Samuel  T.  Atkinson, 
Alex.  M.  Forster, 
Wm.  B.  Wilson, 
Robert  T.  Allison, 
Samuel  Rainey, 
A.  Baxter  Springs, 
A.  I.  Barron, 
A.  T.  Darby, 
Simeon  Fair, 
Thomas  W.  Glover, 
Lawrence  M.  Keitt, 
Donald  R.  Barton, 


288 


LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 


John  J.  Ingram, 
Edgar  W.  Charles, 
Julius  A,  Dargan, 
Isaac  D.  AYilson, 
John  M.  Timmons, 
Francis  H.  Wardlaw, 
R.  G.  M.  Dunovant, 
James  P.  Carroll, 
Wm.  Gregg, 
Andrew  J.  Hammond, 
James  Tompkins, 
James  C.  Smyly, 
John  Hugh  Means, 
William  S.  Lyles, 
Henry  C.  Davis, 
John  Buchanan, 
James  C.  Furman, 
P.  E.  Duncan, 
W.  K.  Easley, 
James  Harrison, 
W.  H.  Campbell, 


R.  L.  Crawford, 
W.  C.  Cauthen, 

D.  P.  Robinson, 
H.  C.  Young, 

H.  W.  Garlington, 
John  D.  Williams, 
W.  D.  Watts, 
Thomas  Wier, 
H.  I.  Caughman, 
John  C.  Geiger, 
Paul  Quattlebaum, 
W.  B.  Rowell, 
Chesley  D.  Evans, 
Wm.  W.  Harlee, 
A.  W.  Bethea, 

E.  W.  Goodwin, 
William  D.  Johnson, 
Alex.  McLeod, 
John  P.  Kinard, 
Robert  Moorman, 
Joseph  Caldwell, 

T.  J.  Withers.  - 


Wm.  Hunter, 
Andrew  F.  Lewis, 
Robert  A.  Thompson, 
William  S.  Grisham, 
John  Maxwell, 
John  E.  Frampton, 
W.  Ferguson  Hutson, 
W.  F.  De  Sassassure, 
William  Hopkins, 
James  H.  Adams, 
Maxey  Gregg, 
John  H.  Kinsler, 
Ephraim  M.  Clarke, 
Alex.  H.  Brown, 
E.  S.  P.  Bellinger, 
Merrick  E.  Cam, 
E.  R.  Henderson, 
Peter  Stokes, 
Daniel  Flud, 
David  C.  Appleby, 
R.  W.  Barnwell, 


Attest :  BENJ.  F.  ARTHUR,  Clerk  of  the  Convention. 

It  is  not  my  purpose  to  give  in  detail  the  proceedings  of 
this  Convention,  ever  memorable  in  the  history  of  South 
Carolina  and  of  the  United  States.  This  has  already  been 
done  to  a  great  extent  by  others;  and  in  this  work  I  desire 
to  avoid,  as  much  as  possible,  the  repetition  of  a  history  that 
can  be  readily  obtained  in  another  form. 

Conspicuous  among  these  representative  men  of  his  State 
in  this  Convention  was  Mr.  Memminger.  If  there  had 
ever  been  a  doubt  of  his  extraordinary  abilities,  his  integ 
rity  of  manhood  or  of  his  statesmanship,  this  had  been  set 
at  rest  by  his  course  of  procedure  and  his  masterly  address 
before  the  Legislature  of  Virginia.  When  the  great  emer 
gency  at  last  came  and  his  people  were  called  upon  to  select 
their  representatives  in  a  convention  that  was  to  resume  for 
their  State  a  position  of  sovereignty  among  the  nations, 
they  called  to  their  service  the  man  who,  under  every  or- 


SOUTH  CAROLINA  SECEDES.  289 

deal  of  trial,  had  for  more  than  three  decades  proven  his 
fidelity  and  evidenced  his  devoted  patriotism.  Upon  the 
organization  of  the  Convention  Hon.  David  F.  Jamison  was 
chosen  president — a  citizen,  who,  in  the  graces  of  an  accom 
plished  gentleman,  and  in  his  chivalric  spirit,  was  a  type 
of  the  men  who  had  made  the  history  and  who  illustrated 
the  civilization  of  his  State. 

Without  unnecessary  delay  such  committees  were  ap 
pointed  by  him  as  were  necessary  to  formulate  the  work  of 
the  Convention.  Most  important  among  these  was  the 
committee  to  which  was  entrusted  the  duty  of  preparing  an 
address  setting  forth  the  causes  which  induced  and  justified 
the  secession  of  South  Carolina  from  the  Federal  Union 
and  of  preparing  an  Ordinance  of  Secession. 

The  committee  to  draft  a  statement  of  the  causes  which 
justified  the  secession  of  South  Carolina  was  composed  of 
the  following  delegates:  C.  G.  Memminger,  F.  H.  V/ardlaw, 
R.  W.  Barnwell,  J.  P.  Richardson,  B.  H.  Rutledge,  J.  E.  Jen 
kins,  P.  E.  Duncan. 

To  draft  an  Ordinance  of  Secession:  John  A.  Inglis,  R. 
B.  Rhett,  James  Chestnut,  Jr.,  James  L.  Orr,  Maxey  Gregg, 
B.  F.  Dunkin,  W.  H.  Hutson. 

In  anticipation  of  the  action  of  the  Convention,  and  as  a 
part  of  the  preliminary  proceedings  of  that  body,  Mr.  Mem 
minger  prepared  the  following  "Suggestions  for  the  Declara 
tion  and  Ordinance  of  Secession  to  be  proposed  to  the  Conven 
tion,"  which  were  printed  for  the  use  of  that  body: 

The  State  of  SoutlTCarolina,  having  determined  to  secede  from  the 
Union  of  the  United  States  of  America  and  to  resume  her  separate  and 
equal  place  among  nations,  deems  it  due  to  herself,  to  the  United  States, 
and  to  the  other  nations  of  the  world,  that  she  should  declare  the  reasons 
which  have  led  to  this  result. 

In  the  year  1765,  that  portion  of  the  British  Empire  which  embraced 
Great  Britain  undertook  to  make  laws  for  the  government  of  that  por 
tion  which  embraced  America.  A  struggle  for  the  right  of  self-govern- 

19 


290  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

ment  ensued,  which  resulted,  on  the  fourth  July,  1776,  in  a  declaration,  by 
the  thirteen  American  colonies,  "  that  they  are,  and  of  right  ought  to  be, 
free  and  independent  States;  and  that,  as  free  and  independent  States, 
they  have  full  power  to  levy  war,  conclude  peace,  contract  alliances, 
establish  commerce,  and  to  do  all  other  acts  and  things  which  indepen 
dent  States  may  of  right  do." 

They  further  solemnly  declared  that  whenever  any  "  form  of  govern 
ment  becomes  destructive  of  the  ends  for  which  it  was  established,  it  is 
the  right  of  the  people  to  alter  or  abolish  it  and  to  institute  a  new  gov 
ernment."  Deeming  the  government  of  Great  Britain,  to  which  they 
were  then  subject,  to  have  become  destructive  of  these  ends,  they  de 
clared  that  the  Colonies  "  are  absolved  from  all  allegiance  to  the  British 
Crown,  and  that  all  political  connection  between  them  and  the  State  of 
Great  Britain  is,  and  ought  to  be,  totally  dissolved." 

In  pursuance  of  this  Declaration  of  Independence,  each  of  the  thir 
teen  States  proceeded  to  exercise  its  separate  sovereignty,  adopted  for 
itself  a  constitution,  and  appointed  officers  for  the  administration  of  gov 
ernment  in  all  its  departments — Legislative,  Executive  and  Judicial. 
For  purposes  of  defense  they  united  their  arms  and  their  counsels,  and 
in  1778  they  entered  into  a  league  known  as  the  Articles  of  Confedera 
tion,  whereby  they  agreed  to  entrust  the  administration  of  their  exter 
nal  relations  to  a  common  agent  known  as  the  Congress  of  the  United 
States,  expressly  declaring,  in  the  first  article,  "  that  each  State  retains 
its  sovereignty,  freedom  and  independence,  and  every  power,  jurisdiction 
and  right  which  is  not  by  this  Confederation  expressly  delegated  to  the 
United  States  in  Congress  assembled." 

Under  this  Confederation  the  War  of  the  Revolution  was  carried  on, 
and  on  the  3d  of  September,  1783,  the  contest  ended,  and  a  definitive  treaty 
was  signed  by  Great  Britain,  in  which  she  acknowledged  the  indepen 
dence  of  the  Colonies  in  the  following  terms : 

"ARTICLE  I. — His  Britannic  Majesty  acknowledges  the  said  United 
States,  viz:  New  Hampshire,  Massachusetts  Bay,  Rhode  Island  and 
Providence  Plantations,  Connecticut,  New  York,  New  Jersey,  Pennsyl 
vania,  Delaware,  Maryland,  Virginia,  North  Carolina,  South  Carolina 
and  Georgia,  to  be  free,  sovereign  and  independent  States ;  that  he  treats 
with  them  as  such ;  and  for  himself,  his  heirs  and  successors,  relinquishes 
all  claims  to  the  government,  propriety  and  territorial  rights  of  the 
same,  and  every  part  thereof." 

Thus  were  established  the  two  great  principles  asserted  by  the  Colo 
nies—namely,  the  right  of  a  people  to  govern  itself,  and  the  right  to 
abolish  a  government  which  becomes  destructive  of  the  ends  for  which 
it  was  instituted.  And  concurrent  with  the  establishment  of  these  prm<-' 
ciples  was  the  fact  that  each  Colony  became  and  was  recognized  by  the 
mother  country  as  a  free,  sovereign,  and  independent  State, 


SOUTH  CAROLINA  SECEDES.  291 

In  1787  deputies  were  appointed  by  the  States  to  revise  the  Articles 
of  Confederation,  and  on  the  17th  of  September,  1787,  these  deputies 
recommended,  for  the  adoption  of  the  States,  new  articles  of  union, 
known  as  the  Constitution  of  the  United  States.  The  parties  to  whom 
this  Constitution  was  submitted  were  the  several  sovereign  States;  they 
were  to  agree  or  disagree,  and  when  nine  agreed,  the  compact  was  to 
take  effect  among  those  concurring;  and  the  general  government,  as 
the  common  agent,  was  then  to  be  invested  with  their  authority. 

Duties  were  charged  on  the  several  States  by  this  Constitution,  and 
the  exercise  of  certain  powers  restrained,  which  necessarily  implied 
their  continued  existence  as  sovereign  States.  But,  to  remove  all  doubt, 
an  amendment  was  added,  which  declared  that  the  powers  not  delegated 
to  the  United  States  by  the  Constitution,  nor  prohibited  by  it  to  the 
States,  are  reserved  to  the  States  respectively,  or  to  the  people.  On  23d 
of  May,  1788,  and  the  20th  of  January,  1790,  South  Carolina,  by  conventions 
of  her  people,  passed  ordinances  --assenting  to  this  Constitution  and  its 
amendments,  and,  shortly  afterwards,  altered  her  own  Constitution  to 
conform  herself  to  the  new  obligations  she  had  undertaken. 

Thus  was  established  by  compact  between  the  States,  a  government 
with  defined  objects  and  powers,  limited  to  the  express  words  of  the 
grant,  and  to  so  much  more  only  as  was  necessary  to  execute  the  power 
granted.  Th-at  government,  like  every  other,  was  subject  to  the  two 
great  principles  asserted  by  the  Declaration  of  Independence,  but  the 
mode  of  its  formation  subjected  it  to  another  fundamental  principle. 
Like  every  other  compact  or  agreement  between  two  or  more  parties, 
the  obligations  of  this  Constitution  were  mutual,  and  the  failure  of  one 
party  to  perform  a  material  undertaking,  entirely  releases  the  obliga 
tion  of  the  other.  In  cases  of  admitted  failure,  the  right  of  the  other 
party  to  set  aside  the  compact  is  perfect ;  and  where  the  fact  of 
failure  is  disputed,  unless  an  arbiter  is  provided,  each  party  is  remitted 
to  his  own  judgment,  to  determine  the  fact  with  all  its  consequences. 

The  state  of  facts  upon  which  South  Carolina  is  now  called  to  act,  is 
disembarrassed  of  this  uncertainty,  and  makes  perfect  her  right  to  se 
cede  from  the  Union.  The  Constitution  of  that  Union  expressly  pro 
vides  that  fugitives  from  justice  and  fugitives  from  labor,  shall  be  de 
livered  up  by  the  State  into  which  they  may  escape,  the  former  to  the 
public  authorities,  and  the  latter  to  the  private  owner.  These  stipula 
tions  were  such  material  elements  to  the  compact  that  it  could  not  have 
been  made  without  them ;  and,  so  important  was  that  in  relation  to 
labor,  that  it  had  previously  been  made  a  condition,  by  the  State  of  Vir 
ginia,  for  the  surrender  of  that  territory  which  now  composes  the  States 
north  of  the  Ohio  river. 

The  general  government,  as  the  common  agent,  passed  laws  to  carry 
into  effect  these  stipulations  of  the  States.  For  many  years  these  laws 


292  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

were  executed.  But  an  increasing  hostility  on  the  part  of  the  Northern 
States  to  the  institution  of  slavery,  has  led  to  a  disregard  of  their  obli 
gations,  and  the  laws  of  the  general  government  have  ceased  to  effect 
the  objects  of  the  Constitution.  Fifteen  of  the  States  have  passed  laws 
which  either  nullify  the  acts  of  Congress,  or  render  useless  any  attempt 
to  carry  them  into  effect.  The  States  of  Maine,  New  Hampshire,  Ver 
mont,  Massachusetts,  Connecticut,  Rhode  Island,  New  York,  New  Jersey, 
Pennsylvania,  Illinois,  Indiana,  Ohio,  Michigan,  Wisconsin  and  Iowa, 
have  each  placed  such  laws  on  their  statute  book.  In  the  State  of  New 
York  even  the  right  of  transit  for  a  slave  has  been  denied  by  her  tribu 
nals;  and  the  States  of  Ohio  and  Iowa  have  refused  to  surrender  to  jus 
tice  fugitives  charged  with  murder  and  inciting  servile  insurrection  in 
the  State  of  Virginia.  Thus  the  constitutional  compact  has  been  delib 
erately  broken  and  disregarded  by  the  non-slave-holding  States,  and  the 
consequence  follows  that  South  Carolina  is  released  from  its  obligation. 

The  ends  for  which  this  Constitution  was  framed  are  declared  by  it 
self  to  be  to  form  a  more  perfect  union,  establish  justice,  insure  domes 
tic  tranquility,  provide  for  the  common  defense,  promote  the  general 
welfare,  and  secure  the  blessings  of  liberty  to  ourselves  and  our  pos 
terity. 

These  ends  it  endeavored  to  accomplish  by  a  Federal  government,  in 
which  each  State  was  recognized  as  an  equal,  and  had  separate  control 
over  its  own  institutions.  The  right  of  property  in  slaves  was  recog 
nized  by  giving  to  their  owners  political  rights,  and  burthening  them 
with  direct  taxes  for  three-fifths  of  their  number;  by  authorizing  the 
importation  of  them  for  twenty  years,  and  by  stipulating  for  the  rendi 
tion  of  fugitives. 

But  the  ends  for  which  that  government  was  instituted  have  all  been 
defeated  by  the  people  of  the  non-slave-holding  States.  The  institution 
of  slavery  has  been  denounced  by  them  as  sinful;  societies  have  been 
established  among  them,  whose  avowed  object  is  to  disturb  the  peace 
and  eloign  the  property  of  their  Southern  neighbors.  Thousands  of 
slaves  have  been  encouraged  and  assisted  to  leave  their  homes ;  and 
those  who  remain  have  been  incited  by  emissaries,  books  and  pictures 
to  servile  insurrection. 

For  twenty-five  years  this  agitation  has  been  steadily  increasing,  until 
it  has  finally  secured  to  its  aid  the  powers  of  the  common  government. 
The  last  election  for  President  has  advanced  to  that  office  a  man  who 
has  distinctly  and  deliberately  declared  that  States  with  different 
domestic  institutions — some  free  labor,  some  slave  labor — cannot  exist 
together  in  the  Union.  The  party  which  has  elected  him  is  altogether 
sectional.  It  has  drawn  a  geographical  line  across  the  Union,  on  one 
side  of  which  are  the  ruling  majority,  and  on  the  other  the  subject  mi 
nority.  That  party  is  united  together  by  a  sectional  question,  and  is 
urged  on  by  sectional  interest  and  religious  animosity.  It  has  an- 


SOUTH  CAROLINA  SECEDES.  293 

nounced  that  the  South  shall  be  excluded  from  the  common  territory ; 
that  the  judicial  tribunals  shall  be  sectionalized  and  that  a  war  must  be 
waged  against  slavery  until  it  shall  cease  to  exist  throughout  the  United 
States. 

The  election  gives  to  this  party  possession  of  the  government  on  the 
4th  of  March ;  the  guaranties  of  the  Constitution  will  then  no  longer 
exist;  the  equal  rights  of  the  States  will  be  lost,  and  the  government 
will  have  become  destructive  of  the  ends  for  which  it  was  created.  The 
South  will  no  longer  have  the  power  of  self-government  or  self-protec 
tion  ;  and  the  hope  of  remedy  within  the  Union  is  rendered  vain,  by  the 
fact  that  Northern  opinion  has  invested  a  great  political  error  with  the 
dangerous  sanctions  of  a  more  erroneous  religious  belief. 

We,  therefore,  the  people  of  South  Carolina,  by  our  delegates  in  Con 
vention  assembled,  appealing  to  the  Supreme  Judge  of  the  world  for  the 
rectitude  of  our  intentions,  do  hereby  solemnly  declare,  that  the  Union 
heretofore  existing  between  this  State  and  the  other  States  of  America, 
is  dissolved,  and  that  the  State  of  South  Carolina  resumes  her  position 
among  the  nations  of  the  world,  as  a  free,  sovereign  and  independent 
State ;  with  full  power  to  levy  war,  conclude  peace,  contract  alliances, 
establish  commerce,  and  to  do  all  other  acts  and  things  which  independ 
ent  States  may  of  right  do. 

And,  for  the  support  of  this  declaration,  with  a  firm  reliance  on  the 
protection  of  Divine  Providence,  we  mutually  pledge  to  each  other  our 
lives,  our  fortunes,  and  our  sacred  honor. 

1.  Be  it,  therefore,  ordained,  By  the  people  of  South  Carolina,  by 
their  delegates,  now  met  and  sitting  in  Convention,  that  the  Ordinances 
adopted  by  us  in  Convention,  on  the  23d  of  May,  1788,  and  20th  January, 
1790,  whereby  the  Constitution  of  the  United  States  of  America  was  rati 
fied  and  amended;  and,  also,  all  acts  and  parts  of  acts  of  the  General 
Assembly  of  this  State,  ratifying  amendments  of  the  said  Constitution, 
be  and  they  are  hereby  repealed;  that  the  Union  now  subsisting  be 
tween  South  Carolina  and  the  other  States  united  in  the  Union,  hereto 
fore  known  as  the  United  States  of  America,  is  hereby  dissolved;  and 
that  the  citizens  and  inhabitants  of  South  Carolina  are  released  from  all 
obligation  of  obedience  to  the  Constitution  of  the  United  States. 

And  be  it  further  ordained,  That  all  acts  of  the  Congress  of  the 
United  States  shall  cease  to  have  any  force  or  effect  in  South  Carolina, 
saving,  that  any  criminal  under  sentence,  shall  suffer  the  penalty  of  his 
crime,  under  the  charge  of  the  proper  State  officers,  unless  pardoned  by 
the  Governor  of  this  State. 

3.  Be  it  further  ordained,  That  all  judgments  and  decrees  of  the 
courts  of  the  United  States  heretofore  rendered  and  entered  of  record  in 
this  State  shall  have  the  same  force  and  effect  in  South  Carolina  as  they 
had  before  the  passing  of  this  Ordinance,  and  may  be  enforced  in  the 
proper  courts  of  Stfuth  Carolina  having  jurisdiction  of  the  like  cases. 


294  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

4.  And  be  it  further  ordained,  That  all  treaties  now  of  force  between 
the  United  States  and  any  foreign  power  shall  continue  to  have  the 
same  force  and  effect  in  this  State  as  they  had  before  the  passing  of  this 
Ordinance,  until  the  same  shall  have  been  disclaimed,  or  lawfully  al 
tered  or  abrogated. 

RESOLUTIONS. 

1.  Resolved,  That  it  is  the  opinion  of  this  Convention  that  the  State 
of  South  Carolina  should  forthwith  secede  from  the  Union  of  the  United 
States  of  America. 

2.  Resolved,  That  a  committee  consisting  of be  appointed 

to  draft  the  Ordinance  of  Secession. 

3.  Resolved,  That  a  committee  of members  be  appointed 

to  draft  an  address  to  the  slave-holding  States. 

4.  Resolved,  That  a  committee  of members  be  appointed 

to  draft  an  address  to  the  people  of  the  United  States. 

5.  Resolved,  That  a  committee  of members  be  appointed 

to  report  what  amendments  are  proper  to  be  made  to  the  Constitution 
of  the  State,  including  therein  the  proper  measures  in  relation  to  citi 
zenship  and  naturalization. 

6.  Resolved,  That  a  committee  of members  be  appointed 

to  report  such  measures  as  may  be  necessary  and  proper  for  the  imme 
diate  defense  of  the  State. 

7.  Resolved,  That  a  committee  of members  be  appointed 

to  report  the  proper  measures  to  be  adopted  for  carrying  on  the  trade 
and  commerce  of  the  State. 

8.  Resolved,  That  a  commission,  to  consist  of  three  persons,  be  elected 
by  ballot  of  this  Convention  to  proceed  to  Washington  to  negotiate  with 
the  United  States,  acting  through  their  general  government,  as  to  the 
proper  measures  and  arrangements  to  be  made  or  adopted  in  the  exist 
ing  relations  of  the  parties,  and  for  the  continuance  of  peace  and  amity 
between  them. 

9.  Resolved,  That  five  persons  be  elected  by  this  Convention  by  ballot* 
who  shall  be  authorized  to  meet  such  Deputies  as  may  be  appointed  by 
any  other  slave-holding  State,  for  the  purpose  of  organizing  or  forming  a 
Southern  Confederacy,  with  power  to  discuss  and  settle  a  Constitution, 
or  plan  of  Union,  to  be  reported  to  the  said  States  for  their  ratification, 
amendment  or  rejection.    That  the  said  Deputies  shall  invite  a  meeting 
at  Columbia,  or  at  such  other  place  as  may  be  agreed  upon  among  the 
Deputies  of  the  several  States,  and  shall  report  to  this  Convention  such 
Constitution  or  Articles  as  may  be  agreed  on  by  said  Deputies. 

In  connection  with  these  suggestions,  which  were  submit 
ted  at  an  early  day  in  the  proceedings  of  the  Convention,  I 
present  the  Declaration  and  Ordinance  of  Secession  as  the 


SOUTH  CAROLINA  SECEDES.  295 

same  was  adopted  by  the  Convention  on  the  twenty-fourth 
of  December,  I860,  and  printed  by  order  of  the  same. 

By  comparing  these  the  reader  will  readily  recognize  the 
""suggestions"  of  Mr.  Memmiiiger  embodied  in  the  Declara 
tion  of  the  Convention.  Hence  he  has  been  reputed  to  have 
been  the  author  of  the  Ordinance  of  Secession. 

DECLARATION  OP  THE  IMMEDIATE  CAUSES  WHICH  INDUCE  AND  JUSTIFY  THE 
SECESSION  OP  SOUTH  CAROLINA  FROM  THE  FEDERAL  UNION. 

The  people  of  the  State  of  South  Carolina,  in  Convention  assembled, 
on  the  twenty-sixth  day  of  April,  A.  D.,  1852,  declared  that  the  frequent 
violations  of  the  Constitution  of  the  United  States  by  the  Federal  gov 
ernment,  and  its  encroachments  upon  the  reserved  rights  of  the  States, 
fully  justify  this  State  in  then  withdrawing  from  the  Federal  Union  ;  but, 
in  deference  to  the  opinions  and  wishes  of  the  other  slave-holding  States, 
she  forbore  at  that  time  to  exercise  this  right.  Since  that  time  these  en 
croachments  have  continued  to  increase,  and  further  forbearance  ceases 
to.be  a  virtue. 

And  now  the  State  of  South  Carolina,  having  resumed  her  separate 
and  equal  place  among  nations,  deems  it  due  to  herself,  to  the  remain 
ing  United  States  of  America,  and  to  the  nations  of  the  world,  that  she 
should  declare  the  immediate  causes  which  have  led  to  this  act. 

In  the  year  1765,  that  portion  of  the  British  Empire  embracing  Great 
Britain  undertook  to  make  laws  for  the  government  of  that  portion  com 
posed  of  the  thirteen  American  Colonies.  A  struggle  for  the  right  of 
self-government  ensued,  which  resulted,  on  the  fourth  of  July,  1776,  in  a 
declaration,  by  the  Colonies,  "  that  they  are,  and  of  right  ought  to  be,  free 
and  independent  States,  and  that,  as  free  and  independent  States,  they 
have  full  power  to  levy  war,  conclude  peace,  contract  alliances,  establish 
commerce,  and  to  do  all  other  acts  and  things  which  independent  States 
may  of  right  do." 

They  further  solemnly  declared  that  whenever  any  "form  of  govern 
ment  becomes  destructive  of  the  ends  for  which  it  was  established,  it  is 
the  right  of  the  people  to  alter  or  abolish  it  and  to  institute  a  new  gov 
ernment."  Deeming  the  government  of  Great  Britain  to  have  become 
destructive  of  these  ends,  they  declared  that  the  Colonies  "  are  absolved 
from  all  allegiance  to  the  British  Crown,  and  that  all  political  connec 
tion  between  them  and  the  State  of  Great  Britain  is,  and  ought  to  be, 
totally  dissolved." 

In  pursuance  of  this  Declaration  of  Independence,  each  of  the  thir 
teen  States  proceeded  to  exercise  its  separate  sovereignty,  adopted  for 
itself  a  constitution,  and  appointed  officers  for  the  administration  of  gov 
ernment  in  all  its  departments — Legislative,  Executive  and  Judicial. 


296  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

For  purposes  of  defense  they  united  their  arms  and  their  counsel,  and  in 
1778  they  entered  into  a  league,  known  as  the  Articles  of  Confederation, 
whereby  they  agreed  to  entrust  the  administration  of  their  external  re 
lations  to  a  common  agent,  known  as  the  Congress  of  the  United  States, 
expressly  declaring,  in  the  first  article,  "  that  each  State  retains  its  sov 
ereignty,  freedom  and  independence,  and  every  power,  jurisdiction  and 
right  which  is  not,  by  this  Confederation,  expressly  delegated  to  the 
United  States  in  Congress  assembled." 

Under  this  Confederation  the  War  of  the  Revolution  was  carried  on, 
and  on  the  third  September,  1783,  the  contest  ended,  and  a  definitive 
treaty  was  signed  by  Great  Britain,  in  which  she  acknowledged  the  inde 
pendence  of  the  Colonies  in  the  following  terms : 

"ARTICLE  I.  His  Britannic  Majesty  acknowledges  the  said  United 
States,  viz :  New  Hampshire,  Massachusetts  Bay,  Rhode  Island  and  Pro 
vidence  Plantations,  Connecticut,  New  York,  New  Jersey,  Pennsylvania, 
Delaware,  Maryland,  Virginia,  North  Carolina,  South  Carolina  and 
Georgia,  to  be  free,  sovereign  and  independent  States;  that  he  treats  with 
them  as  such  ;  and  for  himself,  his  heirs  and  successors,  relinquishes  all 
claims  to  the  government,  propriety  and  territorial  rights  of  the  same 
and  every  part  thereof." 

Thus  were  established  the  two  great  principles  asserted  by  the  Colo 
nies,  namely:  The  right  of  a  State  to  govern  itself;  and  the  right  of  a 
people  to  abolish  a  government  when  it  becomes  destructive  of  the  ends 
for  which  it  was  instituted.  And  concurrent  with  the  establishment  of 
these  principles,  was  the  fact,  that  each  Colony  became  and  was  recog 
nized  by  the  mother  country  as  a  free,  sovereign  and  independent  State. 

In  1787,  Deputies  were  appointed  by  the  States  to  revise  the  Articles 
of  Confederation,  and  on  the  17th  September,  1787,  these  Deputies 
recommended,  for  the  adoption  of  the  States,  the  Articles  of  Union, 
known  as  the  Constitution  of  the  United  States. 

The  parties  to  whom  this  Constitution  was  submitted,  were  the  sev 
eral  sovereign  States ;  they  were  to  agree  or  disagree,  and  when  the 
nine  of  them  agreed,  the  compact  was  to  take  effect  among  those  con 
curring;  and  the  general  government,  as  the  common  agent,  was  then 
to  be  invested  with  their  authority. 

If  only  nine  of  the  thirteen  States  had  concurred,  the  other  four 
would  have  remained  as  they  then  were — separate,  sovereign  States,  in 
dependent  of  any  of  the  provisions  of  the  Constitution.  In  fact,  two  of 
the  States  did  not  accede  to  the  Constitution  until  long  after  it  had 
gone  into  operation  among  the  other  eleven;  arid  during  that  interval, 
they  each  exercised  the  functions  of  an  independent  nation. 

By  this  Constitution,  certain  duties  were  imposed  upon  the  several 
States,  and  the  exercise  of  certain  of  their  powers  was  restrained,  which 
necessarily  implied  their  continued  existence  as  sovereign  States.  But, 
to  remove  all  doubt,  an  amendment  was  added,  which  declared  that  the 


SOUTH  CAROLINA  SECEDES.  297 

powers  not  delegated  to  the  United  States  by  the  Constitution,  nor 
prohibited  by  it  to  the  States,  are  reserved  to  the  States,  respectively, 
or  to  the  people.  On  23d  May,  1788,  South  Carolina,  by  a  convention  of 
her  people,  passed  an  Ordinance  assenting  to  this  Constitution,  and 
afterwards  altered  her  own  Constitution,  to  conform  herself  to  the  obli 
gations  she  had  undertaken. 

Thus  was  established,  by  compact  between  the  States,  a  government, 
with  defined  objects  and  powers,  limited  to  the  express  words  of  the 
grant.  This  limitation  left  the  whole  remaining  mass  of  power  subject 
to  the  clause  reserving  it  to  the  States  or  to  the  people,  and  rendered 
unnecessary  any  specification  of  reserved  rights. 

We  hold  that  the  government  thus  established  is  subject  to  the  two 
great  principles  asserted  in  the  Declaration  of  Independence ;  and  we 
hold  further,  that  the  mode  of  its  formation  subjects  it  to  a  third  funda 
mental  principle,  namely :  the  law  of  compact.  We  maintain  that  in 
every  compact  between  two  or  more  parties,  the  obligation  is  mutual; 
that  the  failure  of  one  of  the  contracting  parties  to  perform  a  material 
part  of  the  agreement,  entirely  releases  the  obligation  of  the  other:  and 
that  where  no  arbiter  is  provided,  each  party  is  remitted  to  his  own 
judgment  to  determine  the  fact  of  failure,  with  all  its  consequences. 

In  the  present  case  that  fact  is  established  with  certainty.  We  assert 
that  fourteen  of  the  States  have  deliberately  refused  for  years  past  to 
fulfil  their  constitutional  obligations,  and  we  refer  to  their  own  statutes 
for  the  proof. 

The  Constitution  of  the  United  States,  in  Article  IV.,  provides  as  fol 
lows  : 

"  No  person  held  to  service  or  labor  in  one  State,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or  regu 
lation  therein,  be  discharged  from  such  service  or  labor,  but  shall  be  de 
livered  up,  on  claim  of  the  party  to  whom  such  service  or  labor  may  be 
due." 

This  stipulation  was  so  material  to  the  compact  that  without  it  that 
compact  would  not  have  been  made.  The  greater  number  of  the  con 
tracting  parties  held  slaves,  and  they  had  previously  evinced  their  esti 
mate  of  the  value  of  such  a  stipulation  by  making  it  a  condition  in  the 
Ordinance  for  the  government  of  the  territory  ceded  by  Virginia,  which 
now  composes  the  States  north  of  the  Ohio  river. 

The  same  article  of  the  Constitution  stipulates,  also,  for  rendition  by 
the  several  States  of  fugitives  from  justice  from  the  other  States. 

The  general  government,  as  the  common  agent,  passed  laws  to  carry 
into  effect  these  stipulations  of  the  States.  For  many  years  these  laws 
were  executed.  But  an  increasing  hostility  on  the  part  of  the  non-slave- 
holding  States  to  the  institution  of  slavery  has  led  to  a  disregard  of  their 
obligations,  and  the  laws  of  the  general  government  have  ceased  to  ef 
fect  the  objects  of  the  Constitution.  The  States  of  Maine,  New  Hamp- 


298  LIFE  AND  TINES  OF  C.  G.  MEMMINGER. 

shire,  Vermont,  Massachusetts,  Connecticut,  Rhode  Island,  New  York, 
Pennsylvania,  Illinois,  Indiana,  Michigan,  Wisconsin,  and  Iowa  have 
enacted  laws  which  either  nullify  the  acts  of  Congress  or  render  useless 
any  attempt  to  execute  them.  In  many  of  these  States  the  fugitive  is 
discharged  from  the  service  or  labor  claimed,  and  in  none  of  them  has 
the  State  government  complied  with  the  stipulation  made  in  the  Con 
stitution.  The  State  of  New  Jersey,  at  an  early  day,  passed  a  law  in 
conformity  with  her  constitutional  obligation ;  but  the  current  of  anti- 
slavery  feeling  has  led  her  more  recently  to  enact  laws  which  render 
inoperative  the  remedies  provided  by  her  own  law  and  by  the  laws  of 
Congress.  In  the  State  of  New  York  even  the  right  of  transit  for  a 
slave  has  been  denied  by  her  tribunals;  and  the  States  of  Ohio  and 
Iowa  have  refused  to  surrender  to  justice  fugitives  charged  with  murder 
and  with  inciting  servile  insurrection  in  the  State  of  Virginia.  Thus  the 
constitutional  compact  has  been  deliberately  broken  and  disregarded  by 
the  non-slave-holding  States,  and  the  consequence  follows  that  South 
Carolina  is  released  from  her  obligation. 

The  ends  for  which  this  Constitution  was  framed  are  declared  by 
itself  to  be  "  to  form  a  more  perfect  union,  establish  justice,  insure 
domestic  tranquility,  provide  for  the  common  defense,  promote  the  gen 
eral  welfare,  and  secure  the  blessings  of  liberty  to  ourselves  and  our 
posterity." 

These  ends  it  endeavored  to  accomplish  by  a  Federal  government,  in 
which  each  State  was  recognized  as  an  equal,  and  had  separate  control 
over  its  own  institutions.  The  right  of  property  in  slaves  was  recog 
nized  by  giving  to  free  persons  distinct  political  rights  by  giving  them 
the  right  to  represent,  and  burthening  them  with  direct  taxes  for  three- 
fifths  of  their  slaves;  by  authorizing  the  importation  of  slaves  for 
twenty  years,  and  by  stipulating  for  the  rendition  of  fugitives  from 
labor. 

We  affirm  that  these  ends  for  which  this  government  was  instituted 
have  been  defeated  and  the  government  itself  has  been  made  destruc 
tive  of  them  by  the  action  of  the  non-slave-holding  States.  Those  States 
have  assumed  the  right  of  deciding  upon  the  propriety  of  our  domestic 
institutions;  and  have  denied  the  rights  of  property  established  in  fif 
teen  of  these  States  and  recognized  by  the  Constitution ;  they  have  de 
nounced  as  sinful  the  institution  of  slavery ;  they  have  permitted  the 
open  establishment  among  them  of  societies  whose  avowed  object  is  to  . 
disturb  the  peace  and  to  eloign  the  property  of  the  citizens  of  other 
States.  They  have  encouraged  and  assisted  thousands  of  our  slaves  to 
leave  their  homes;  and  those  who  remain  have  been  incited  by  emis 
saries,  books  and  pictures  to  servile  insurrection. 

For  twenty-five  years  this  agitation  has  been  steadily  increasing,  un 
til  it  has  now  secured  to  its  aid  the  power  of  the  common  government. 
Observing  the  forms  of  the  Constitution,  a  sectional  party  has  found 


SOUTH  CAROLINA  SECEDES.  299 

frithin  that  article  establishing  the  Executive  Department  the  means  of 
Subverting  the  Constitution  itself.  A  geographical  line  has  been  drawn 
across  the  Union,  and  all  the  States  north  of  that  line  have  united  in 
the  election  of  a  man  to  the  high  office  of  President  of  the  United  States 
whose  opinions  and  purposes  are  hostile  to  slavery.  He  is  to  be  en 
trusted  with  the  administration  of  the  common  government  because  he 
has  declared  that  that  "  government  cannot  endure  permanently  half 
slave,  half  free,"  and  that  the  public  mind  must  rest  in  the  belief  that 
slavery  is  in  the  course  of  ultimate  extinction. 

This  sectional  combination  for  the  subversion  of  the  Constitution  has 
been  aided  in  some  of  the  States  by  elevating  to  citizenship  persons  who 
by  the  supreme  law  of  the  land  are  incapable  of  becoming  citizens ;  and 
their  votes  have  been  used  to  inaugurate  a  new  policy  hostile  to  the 
South  and  destructive  of  it?  peace  and  safety. 

On  the  fourth  of  March  next  this  party  will  take  possession  of  the 
government.  It  has  announced  that  the  South  shall  be  excluded  from 
the  common  territory;  that  the  judicial  tribunals  shall  be  made  sec 
tional,  and  that  a  war  must  be  waged  against  slavery  until  it  shall  cease 
throughout  the  United  States. 

The  guaranties  of  the  Constitution  will  then  no  longer  exist;  the 
equal  rights  of  the  States  will  be  lost.  The  slave-holding  States  will  no 
longer  have  the  power  of  self-government  or  self-protection,  and  the 
Federal  government  will  have  become  their  enemy. 

Sectional  interest  and  animosity  will  deepen  the  irritation,  and  all 
hope  of  remedy  is  rendered  vain,  by  the  fact  that  public  opinion  at  the 
North  has  invested  a  great  political  error  with  the  sanctions  of  a  more 
erroneous  religious  belief.  9 

We,  therefore,  the  people  of  South  Carolina,  by  our  delegates  in  Con 
vention  assembled,  appealing  to  the  Supreme  Judge  of  the  world  for  the 
rectitude  of  our  intentions,  have  solemnly  declared  that  the-  Union 
heretofore  existing  between  this  State  and  the  other  States  of  North 
America,  is  dissolved,  and  that  the  State  of  South  Carolina  has  resumed 
her  position  among  the  nations  of  the  world,  as  a  separate  and  indepen 
dent  State;  with  full  power  to  levy  war,  conclude  peace,  contract 
alliances,  establish  commerce,  and  to  do  all  other  acts  and  things  which 
independent  States  may  of  right  do. 

AN  ORDINANCE  TO  DISSOLVE  THE  UNION  BETWEEN  THE  STATE  OF  SOUTH 
CAROLINA  AND  OTHER  STATES  UNITED  WITH  HER  UNDER  THE  COMPACT 
ENTITLED  "  TlIE  CONSTITUTION  OF  THE  UNITED  STATES  OF  AMERICA." 

We,  the  people  of  the  State  of  South  Carolina,  in  Convention  assembled,  do 

declare  and  ordain,  and  it  is  hereby  declared  and  ordained: 

That  the  Ordinance  adopted  by  us  in  Convention,  on  the  twenty-third 

day  of  May,  in  the  year  of  our  Lord  one  thousand  seven  hundred  and 

eighty-eight,  whereby  the  Constitution  of  the  United  States  of  America 


.    -V 

300  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEll. 

was  ratified,  and  also,  all  acts  and  parts  of  acts  of  the  General  Assembly 
of  this  State,  ratifying  amendments  of  the  said  Constitution,  are  hereby 
repealed;  and  that  the  union  now  subsisting  between  South  Carolina 
and  other  States,  under  the  name  of  "  The  United  States  of  America,"  is 
hereby  dissolved. 

It  is  not  my  purpose  to  refer  any  further,  in  this  work,  to 
the  action  of  this  memorable  Convention.  A  full  history  of 
its  proceedings  would  make  in  itself  a  volume,  which  I  regret 
to  say  has  not  yet  been  placed  among  the  records  of  South 
Carolina.  I  have  now  in  mind  a  duty  to  perform,  as  the 
biographer  of  Mr.  Memminger,  which  requires  me  to  leave 
the  proceedings  of  this  Convention  for  another  compilation, 
which  if  not  undertaken  by  the  writer  will  doubtless  at  some 
time  engage  the  attention  of  another  quite  as  capable.  I 
might  have  followed  the  course  of  Mr.  Memminger  in  the 
Convention  at  considerable  length,  and  in  so  doing  would 
have  but  added  to  the  many  evidences  already  given  of  his 
faithfulness  in  the  discharge  of  duty,  his  untiring  energies  ; 
of  his  disinterested  patriotism,  and  of  that  earnest  spirit 
which  carried  the  logic  of  his  discourse  with  irresistible  force 
to  the  minds  of  his  hearers.  Suffice  it  now  to  say,  that  be 
fore  leaving  the  Convention  and  transferring  to  another  body 
the  honorable  trust  of  service  confided  to  him,  he  had  form 
ulated  much  of  the  new  legislation  necessary  to  conform 
South  Carolina  to  her  changed  relations  to  the  United 
States  and  to  the  nations  of  the  world. 

The  secession  of  South  Carolina  from  the  Federal  Union 
was  followed  in  rapid  succession  by  the  States  of  Florida, 
Alabama,  Mississippi,  Georgia,  Louisiana  and  Texas.  In 
anticipation  of  this  action  by  the  Southern  States,  and  in 
order  to  meet  with  them  through  delegates  who  would  prop 
erly  represent  their  sovereignty  in  a  Congress,  the  Con 
vention  proceeded  to  elect  eight  delegates,  two  being  chosen 
for  the  Senators,  and  six  for  the  members  of  the  House  of 
Kepresentatives  who  had  heretofore  represented  the  State  in 


SOUTH  CAROLINA  SECEDES.  301 


the  Federal  Congress.  Mr.  Memminger  and  Judge  Thomas 
J.  Withers  were  elected  for  the  -  Senators,  and  Robert  AY. 
Barnwell,  R.  B.  Rhett,  W.  AY.  Boyce,  James  Chestnut,  Wm. 
P.  Miles  and  L.  M.  Keitt,  for  the  Representatives.  This 
Congress  assembled  at  Montgomery  on  the  4th  of  February, 
1861,  with  the  object  in  view  of  devising  the  best  means  for 
preserving  the  sovereignty  of  the  several  seceded  States  in 
an  association  of  general  government,  for  the  mutual  pro 
tection  and  benefit  of  each  other.  The  following  list  con 
tains  the  names  of  the  delegates  from  the  several  States  who 
presented  their  credentials  in  form  and  were  duly  enrolled 
as  members  of  the  Congress: 

Alabama— H.  AY.  Walker,  R.  II.  Smith,  J.  L.  M.  Curry, 
AY.  P.  Chilton,  S.  F.  Hale,  Coling.  T.  McRea,  John  Gill 
Shorter,  Daniel  R.  Lewis,  Thomas  Fearn. 

Florida — James  B.  Owens,  J.  Patton  Anderson,  Jackson 
Morton. 

Georgia — Robert  Toombs,  Howell  Cobb,  E.  A.  Nisbet,  A. 
H.  Stephens,  Benj.  H.  Hill,  Thomas  R.  R,  Cobb,  F.  S.  Bar- 
tow,  M.  J.  Crawford,  A.  H.  Kenan,  A.  R.  Wright. 

Louisiana — Charles  M.  Conrad,  John  Perkins,  Jr.,  A.  L. 
DeClouet,  D.  F.  Kenan,  Henry  Marshall,  G.  S.  Sparrow. 

Mississippi. — AY.  P.  Harris,  Walter  Brooks,  N.  L.  AArilson, 
A.  M.  Clayton,  AY.  S.  Barry,  J.  T.  Harrison. 

Texas.— Louis  T.  AYigfall,  J.  H.  Reagan,  J.  Hemphill,  T. 
N.  Waul,  AY.  B.  Ochiltree,  J.  Oldham. 

South  Carolina. — Delegates  heretofore  named. 

The  delegates  from  Texas  were  not  present  at  the  organi 
zation  of  the  Congress,  but  appeared  shortly  thereafter,  and 
were  duly  admitted  to  seats,  upon  qualifying,  as  required 
by  the  rules  previously  adopted 

The  Congress  was  temporarily  organized  by  the  selection 
of  the  Hon.  Robert  W.  Barnwell,  of  South  Carolina,  as 
chairman,  and  Mr.  Albert  R.  Lamar,  of  Georgia,  as  secre- 


302  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEIt. 

tary.  Subsequently  a  permanent  organization  was  effected 
"by  the  election  of  the  Hon.  Howell  Cobb,  of  Georgia,  as  presi 
dent,  and  Mr.  J.  J.  Hooper,  of  Alabama,  as  secretary.  The 
deliberations  of  this  Congress  were  not  interfered  with  by 
any  outside  influences  beyond  those  sought  by  the  mem 
bers,  as  the  daily  sessions  were  held  with  closed  doors. 
Whatever  that  legislation  was,  good  or  bad,  wise  or  unwise, 
it  was  formulated  by  the  several  committees  appointed  by  the 
President,  or  at  least  met  their  sanction  before  being  acted 
upon  by  Congress. 

The  following  names  are  those  of  the  chairmen  of  these 
committees,  who,  to  a  large  extent,  were  responsible  for  the 
enactments  of  this  Congress  and  for  the  general  policy  pur 
sued  in  the  organization  and  conduct  of  the  several  depart 
ments  of  the  Confederate  government: 

Executive  Department. — A.  H.  Stephens. 
Military  Affairs. — F.  S.  Bartow. 
Finance. — Robert  Toombs. 
Judiciary. — A.  M.  Clayton. 
Commerce. — C.  G.  Memminger. 
Naval  Affairs. — C.  M.  Conrad. 
Public  Lands. — Henry  Marshall. 
Postal  Affairs.— W.  P.  Chilton. 
Foreign  Affairs.— -E.  B.  Ehett. 
Territories. — James  Chestnut. 
Indian  Affairs. — Jackson  Morton. 
Printing.— Thomas  E,  E.  Cobb. 
Accounts. — James  B.  Owens. 
Patents. — Walter  Brooks. 
Engrossment. — John  G.  Shorter. 

To  these  chairmen,  and  certainly  to  the  reports  and 
recommendations  of  their  committees,  can  be  traced  the 
initial  legislation  which  subsequently,  and  of  necessity,  di 
rected  the  course  of  the  Executive  Departments  of  the  gov- 


SOUTH  CAROLINA  SECEDES.  303 

eminent.  The  earnest  spirit  and  harmony  that  character 
ized  the  action  of  this  Congress  is  evidenced  in  the  fact 
that  on  the  eighth  of  February,  on  the  fourth  day  of  the 
assembly,  a  Constitution  for  the  Provisional  government  of 
the  seceded  States  was  reported  and  unanimously  adopted. 
Indeed,  before  leaving  the  convention  of  each  State,  the 
consideration  of  the  subject  of  confederation  with  the  other 
States  had  been  under  consideration  by  the  delegates,  and 
their  opinions  freely  expressed.  Under  all  the  circum 
stances  of  his  public  life,  Mr.  Memminger  was  found  to  be 
ready  for  emergencies.  He  would  assume  no  position,  nor 
would  he  undertake  an  obligation  of  responsibility  without 
due  consideration,  but  never  with  that  vacillating  judgment 
of  the  weak,  which  is  always  considering  and  never  acts 
with  promptness  or  decision.  His  forecast,  as  with  all  great 
men,  was  not  mere  guess  work,  nor  was  it  made  under  the 
impulse  of  an  intuition,  but  it  was  the  careful  conclusion 
of  a  process  of  reasoning,  that  reached  a  logical  effect  from 
a  knowledge  of  causes  that  were  uniform  and  active  in  their 

o 

operations.  Hence  ho  was  always  preparing  for  an  emer 
gency,  and  was  found  ready  to  meet  it,  unless  his  plans 
were  altered,  or  circumvented  by  the  action  of  others, 
whose  course  he  could  not  control. 

Anticipating  the  adoption  of  a  constitution  by  the  provis 
ional  Congress,  to  which  he  had  been  elected  a  delegate,  he 
freely  exchanged  opinions  with  regard  to  its  provisions  with 
those  who  for  many  years  had  been  associated  with  him  in 
the  Legislature  of  his  State,  and  whom  he  met  in  the  con 
vention  of  his  people,  desiring,  as  he  did,  to  secure  the  co 
operation  and  united  sympathies  of  the  States  having  a  com 
mon  cause  with  South  Carolina.  Among  the  few  of  these 
worthy  men  who  have  survived,  and  who  yet  in  strength,  and 
with  the  graces  of  a  gentle  manhood,  wear  the  old  man's 
crown  of  glory,  is  the  Hon.  Joseph  D.  Pope,  of  Columbia, 


304  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

South  Carolina.  It  gives  me  pleasure  to  acknowledge  the 
kindness  of  this  excellent  gentleman  and  distinguished  jurist, 
whose  detail  of  the  incidents  and  of  the  acts  of  the  Secession 
Convention  of  South  Carolina  have  greatly  entertained  me. 

Mr.  Pope  informs  me  that  in  a  candid  debate  in  the  State 
Convention,  concerning  the  organization  of  the  Confederate 
government,  and  as  to  the  machinery  with  which  it  was  to 
he  run,  the  question  under  consideration  being,  should  the 
Montgomery  Convention  refer  the  constitution  adopted  by  it 
back  to  the  people  for  ratification,  and  for  the  election  of 
delegates  under  its  provisions,  or  should  the  delegates  at 
once  proceed  to  organize  among  themselves,  after  adopting 
the  constitution,  a  provisional  Congress,  elect  a  provisional 
President,  and  in  this  way  create  an  initial  or  provisional 
government  ?  Mr.  Pope  informs  me  that  Mr.  Memminger, 
adopting  his  motion  in  this  behalf,  urged  the  organization  of 
the  provisional  government,  and  carried  it  through  the  State 
Convention,  as  a  matter  of  recommendation  to  the  Mont 
gomery  Convention,  and  also  urged  with  success  the  adoption 
of  this  plan  in  the  Convention  at  Montgomery. 

There  is,  and  for  some  time  has  been,  a  tradition  ascribing 
the  authorship  of  the  provisional  Constitution  of  the  Confed 
eracy  to  Mr.  Memminger.  I  can  find  no  records  among  the 
papers  of  Mr.  Memminger  that  would  justify  me  in  claiming 
for  him  the  authorship  of  this  Constitution,  and  the  records 
of  this  Congress  have  either  been  destroyed  or  are  beyond 
my  reach.  It  has  been  stated,  however,  in  an  editorial 
sketch  of  Mr.  Memminger,  I  find  in  the  Charleston  Courier 
of  March  8th,  1888,  that  as  chairman  of  the  special  commit 
tee  appointed  to  draft  a  constitution  for  the  provisional  gov 
ernment  of  the  Confederacy,  he  submitted  the  same  in  his 
own  handwriting.  Just  here  I  desire  to  make  the  record  of 
a  fact  which  has  impressed  me  as  I  have  examined  the  pri 
vate  papers  of  Mr.  Memminger,  placed  in  my  hands  by  his 


SOUTH  CAROLINA  SECEDES.  305 

executors.  It  is  the  modest  manner  in  which  he  refers  to 
himself,  where  reference  is  made  at  all.  With  the  single 
exception  of  his  answer  to  the  unnecessary  and  vain  attack 
made  upon  his  administration  of  the  Confederate  Treasury 
by  General  Joseph  E.  Johnston,  there  is  nowhere  to  be  found 
among  his  papers  a  single  claim  to  any  act  of  merit,  to  any 
honor,  or  achievement.  These  have  all  been  gathered  by 
me  in  a  diligent  and  patient  search  among  the  records  of 
his  State  and  of  his  country,  where  he  wrote  his  name  and 
his  merit  of  manhood  in  deeds  that  will  live  with  the  ages  of 
our  civilization. 

•  In  many  respects  the  Constitution  of  the  Confederacy  was 
similar  to  that  of  the  United  States,  differing  especially  in 
the  use  of  such  terms  as  would  clearly  express  the  confeder 
ated  relations  of  sovereign  and  independent  States.  It  is 
worthy  of  note  that  nowhere  in  this  instrument  do  the  words 
"Confederate  States"  or  "Confederate  States  of  America" 
occur.  The  association  of  the  States  under  a  provisional 
government  was  styled  a  "Confederacy,"  and  the  act  of  asso 
ciation  a  "Confederation  between  the  States." 

In  following  the  history  of  Mr.  Memminger  to  this  period, 
I  have  been  dependent  entirely  upon  the  recollections  of 
others,  and  upon  the  records  of  his  acts,  as  these  are  pre 
served  in  the  libraries  of  his  State  or  are  to  be  found  among 
his  private  papers.  It  was  not  until  I  met  him  at  Mont 
gomery  in  the  month  of  February,  1861,  that  my  official 
relations  with  him  began.  From  that  time  until  the  provis 
ional  government  of  the  Confederacy  expired  by  the  limita 
tion  fixed  in  the  Constitution,  and  the  permanent  govern 
ment  was  inaugurated  at  Richmond,  Virginia,  I  was  honored 
with  his  confidence,  and  held  the  position  of  Chief  Clerk  in 
his  department  of  the  public  service.  I  can,  therefore,  write 
of  him  from  a  personal  knowledge  which  no  one  could  have 
secured  through  a  closer  or  pleasanter  official  connection. 

20 


306  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

Upon  the  assembly  of  the  Confederate  Congress,  the  city 
of  Montgomery  at  once  became  a  center  of  attraction  for  all 
who  were  in  sympathy  with  the  Secession  movement,  and 
thither  came  many  visitors,  young  and  old,  ladies  and  gen 
tlemen,  attracted  by  the  stirring  events  of  the  times.  As 
the  capital  city  of  one  of  the  most  prosperous  of  the  cotton 
States,  Montgomery -had  long  been  the  seat  of  elegance,  and 
in  the  social  caste  of  its  citizens,  reflected  the  noblest  char 
acteristics  of  our  peculiar  Southern  civilization.  To  these 
local  expressions  were  now  added  the  surroundings  of  a 
government  established  by  the  gentry  of  the  South.  Amid 
these  surroundings  the  writer  found  himself  on  the  day 
when  the  election  of  Mr.  Jefferson  Davis  and  Mr.  Alexander 
H.  Stephens,  as  President  and  Vice-President  of  the  Provis 
ional  Confederacy,  was  formally  announced.  The  interval 
between  the  election  of  these  distinguished  men  on  the  9th 
of  February,  and  their  inauguration  on  the  18th  of  that 
month,  was  employed  by  the  Congress  in  providing  a  reve 
nue  system,  the  organization  of  an  army  and  a  navy,  and  in 
such  other  legislation  as  they  were  enabled  to  undertake  by 
the  provisions  of  their  temporary  establishment;  while  a 
joint  committee,  composed  of  members  of  the  Confederate 
Congress,  members  of  the  Alabama  Legislature  and  of  the 
City  Council  were  arranging  the  details  of  the  inauguration, 
which  was  to  be  made  as  imposing  as  possible. 

Early  on  the  morning  of  the  18th,  the  good  people  of  Mont 
gomery  were  astir  preparing  for  the  ceremonies  of  the  day, 
The  weather  could  not  have  been  more  auspicious.  Brightly 
the  sun  shone,  while  the  soft,  southwesterly  winds,  had 
brought  out  the  first  smiles  of  spring  to  gladden  the  many 
warm  hearts  that  were  waiting  to  greet  the  first  President 
of  the  new-born  government.  The  ringing  noise  of  the  ham 
mer  had  ceased,  while  busy  fingers  and  the  strong  arms  of 
noble  women  and  gallant  men  had  transformed  the  front  of 


CONFEDERA  G  Y  FORMED.  307 

the  stately  capitol  building  into  a  grand  amphitheater,  whose 
huge  columns  were  wreathed  with  festoons  of  laurel  and 
of  magnolia,  making  a  fit  stage  for  the  presentation  of  the 
first  scene  in  this  greatest ,drama  of  modern  history. 

Notice  that  the  inaugural  ceremonies  would  take  place  on 
Monday,  the  18th  of  February,  had  been  sent  by  telegram, 
printed  and  posted  everywhere  throughout  the  country, 
North  as  well  as  South.  As  early  as  the  Friday  before  the 
time  fixed,  the  streets  evidenced  the  growth  of  the  crowd  who, 
from  adjoining  States,  far  and  near,  had  come  to  witness  the 
natal  day  of  this  new  government. 

Promptly  at  10  o'clock  Col.  II.  P.  Watson,  of  Montgomery, 
as  chief  marshal,  appeared  in  front  of  the  Exchange  Hotel, 
accompanied  by  the  following  aids,  appointed  by  the  Con 
vention  to  represent  the  several  States  :  Florida,  Hamilton 
AVright  ;  Georgia,  Daniel  S.  Printup  ;  South  Carolina,  Henry 
D.^ Capers  ;  Louisiana,  Robert  C.  Wood  ;  Mississippi,  Joseph 
P.  Billups ;  Texas,  Preston  H.  Roberts. 

The  procession  was  formed  on  Montgomery  street,  the 
right,  or  escort,  being  composed  of  the  following  military 
companies,  under  the  command  of  Captain  Semmes,  of  Co 
lumbus,  Georgia  :  Columbus  Guards,  Lieutenant  Ellis  com 
manding  ;  Independent  Rifles,  Captain  Farris  ;  Eufaula 
Rifles,  Captain  Alf.  Baker ;  German  Fusileers,  Captain 
Scheussler. 

Following  the  military  came  the  special  committees  from 
the  Convention  of  Delegates,  the  State  Legislature,  and  the 
City  Council,  in  open  carriages  ;  the  President-elect  followed 
in  an  open  carriage  drawn  by  six  beautiful  gray  horses.  To 
the  left  of  Mr.  Davis  sat  the  Vice-President,  Mr.  Stephens, 
and  in  his  front  Rev.  Dr.  Basil  Manly,  of  Montgomery. 
Next  came  the  .members  of  the  Provisional  Congress,  Gov 
ernors  of  the  several  seceded  States,  and  other  distinguished 
citizens  in  carriages,  folloAved  by  a  division  of  civic  societies, 
and  many  hundreds  who  had  left  their  homes  and  varied 


308  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

business  occupations  to  do  honor  to  the  occasion.  The  citi 
zens  of  Montgomery  never  before,  and,  in  all  probability, 
will  never  in  the  future,  witness  a  more  brilliant  pageant ; 
certainly  there  cannot  occur  in  the  history  of  any  American 
city  an  event  so  full  of  interest. 

Arrived  at  the  Capitol,  Mr.  Davis  ascended  the  steps  of 
the  portico  with  Mr.  Cobb,  followed  alone  by  Mr.  Stephens 
and  the  Rev.  Dr.  Manly.  The  spacious  platform  in  their 
front  was  occupied  by  the  Congressional  delegates,  and  mem 
bers  of  the  Alabama  Convention,  and  other  distinguished 
persons,  while  beyond  these  and  on  either  side  there  were 
thousands  eagerly  securing  every  available  spot  to  see  and 
hear  what  was  to  take  place.  As  the  last  gun  from  a  section 
of  artillery  finished  a  salute,  the  ceremony  of  the  inaugura 
tion  was  begun  with  an  impressive  prayer  from  the  vener 
able  Doctor  Manly.  Never  can  I  forget  the  scene  that  at 
that  moment  presented  itself,  and  while  my  mind  retains  its 
faculties,  I  will  recall  the  pleading  eloquence  of  the  aged 
man  as  he  invoked  the  blessing  of  God  upon  the  President 
elect  and  upon  the  cause  he  was  chosen  to  maintain.  The 
great  concourse  of  people  seemed  to  have  been  similarly  im 
pressed,  and  were  awed  into  silence  so  complete  that,  seated 
on  horseback  near  the  outskirts  of  the  assembly,  I  heard, 
with  great  distinctness,  nearly  every  word  of  this  most  im 
pressive  prayer.  At  its  close,  Mr.  Cobb  formally  announced 
that  the  President-elect,  Mr.  Davis,  had  arrived,  and  was  now 
ready  to  take  the  oath  of  office.  Mr.  Davis  came  forward 
amid  a  storm  of  applause.  As  soon  as  it  was  quieted,  in  a 
clear  and  measured  tone  of  voice  he  gave  a  distinct  utterance 
to  his  inaugural  address.  This  address  appears  in  full  in 
some  of  the  histories  of  that  period.  Its  insertion  here  I  do 
not  deem  necessary.  At  the  close  of  his  address,  turning  to 
Mr.  Cobb,  Mr.  Davis  declared  his  readiness  to  take  the  oath 
of  office  as  President  of  the  Confederacy,  which  was  accord 
ingly  administered  by  Mr.  Cobb. 


CONFEDERA  C  Y  FORMED.  309 

In  uttering  the  words,  "  So  help  me  God/'  Mr.  Davis, 
turning  his  eyes  towards  the  heavens,  in  a  most  impressive 
manner  repeated  the  words,  "  So  help  me  God,''  in  a  tone  of 
voice  so  loud  and  distinct  that  he  could  have  been  heard  to 
the  extreme  outskirts  of  the  immense  assembly. 

Thus  ended  the  ceremony  of  this  historic  occasion,  one 
never  to  be  forgotten  by  those  who  were  present,  and  that 
must  mark  for  all  time  to  come  an  important  era  in  modern 
history.  At  night  there  was  a  reception,  followed  by  a  bril 
liant  ball  at  Estell  Hall.  Here  the  beauty  and  chivalry  of 
the  South,  from  Texas  to  Virginia,  was  assembled,  and  amid 
a  wealth  of  flowers,  emblematic  decorations,  and  all  that  a 
cultivated  taste  could  suggest  or  that  wealth  could  furnish, 
the  first  hours  of  the  Confederacy  were  ushered  in. 

The  next  morning  I  was  informed  by  Mr.  Keitt,  of  South 
Carolina,  that  Mr.  Memminger  had  been  nominated  by  the 
President  as  Secretary  of  the  Treasury,  and  that  he  desired 
to  see  me  as  soon  as  possible.  .  I  found  Mr.  Memminger  at 
his  room  in  the  Exchange  Hotel.  Without  much  ceremony 
he  made  known  to  me  his  appointment,  and  desired  that  I 
should  serve  him  in  the  capacity  of  Private  Secretary.  The 
selection  of  myself  for  this  responsible  position,  doubtless 
grew  out  of  the  long-established  friendship  existing  between 
my  father  and  the  distinguished  Carolinian,  rather  than 
from  any  experience  I  had  acquired  either  as  an  accountant 
or  a  secretary.  Requesting  me  to  call  upon  Colonel  Clan- 
ton,  of  Montgomery,  for  information  as  to  the  location  of  the 
building  to  be  used  for  executive  offices,  he  directed  me  to 
publish  a  notice  in  the  morning  papers  stating  where  his 
office  was  to  be  found,  and  to  remain  there  between  the 
hours  prescribed  by  him.  With  that  earnest  expression 
which  all  will  remember  who  have  seen  Mr.  Memminger 
when  he  was  interested,  he  remarked:  "  The  world  must 
know  at  once  that  we  are  at  work,  and  that  we  are  in  earn 
est." 


310  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

If  the  architect  had  anticipated  the  organization  of  a  gov 
ernment  at  Montgomery  on  short  notice,  he  could  not  have 
planned  so  small  a  building  and  have  arranged  its  rooms  more 
conveniently  for  the  use  of  the  several  heads  of  departments. 
On  the  lower  floor,  with  entrances  from  two  streets,  was  a 
large  banking  office,  with  a  vault  attached,  and  rooms  in  the 
rear  for  executive  offices.  The  keys  to  these  apartments 
had  been  delivered  to  me  by  Colonel  Clanton  With  them 
in  my  hand,  I  was  at  an  early  hour  the  next  day  to  be  found 
the  sole  occupant  of  one  of  these  rooms,  upon  the  door  of 
which  had  been  placed  a  card  designating  it  as  the  office  of 
the  Secretary  of  the  Treasury.  Upon  entering  this  room  I 
found  it  without  furniture  of  any  kind;  empty  of  all  it  had 
ever  had  in  it — of  desks,  table,  chairs  or  other  appliances  for 
the  conduct  of  business.  Nothing  met  the  surprised  self- 
importance  of  the  dignified  youth  but  bare  walls  and  a  dusty 
floor,  [Realizing  that  within  one  hour  the  time  would  arrive 
for  the  Secretary  s  office  hours  to  begin,  I  started  out  in 
haste  to  find  a  furniture  store.  Fortunately  this  was  close 
at  hand,  and  just  being  opened  for  the  day's  traffic.  Intro 
ducing  myself  to  the  gentleman  I  found  in  charge,  who 
proved  to  be  the  energetic  son  of  Mr.  John  Powell,  I  stated 
the  emergency  of  my  case  to  him,  and  in  a  few  moments 
had  the  satisfaction  of  seeing  him  on  his  way  to  the  Com 
mercial  buildings  with  a  neat  walnut  table,  a  small  desk,  and 
a  set  of  office  chairs.  When  nine  o'clock  arrived  I  had  swept 
out  the  dust  and  cob-webs  of  my  predecessor's  office,  placed 
the  furniture  in  position,  and  was  receiving  through  an  im 
provised  office  boy,  the  first  invoice  of  stationery  for  the 
government,  from  Messrs.  Pfister  &  White,  excellent  gentle 
men,  whose  book  store,  in  the  Exchange  building,  was  known 
to  me  as  a  pleasant  stopping  place.  Ten  and  eleven  o'clock 
had  passed,  and  I  was  yet  alone  in  iny  glory.  ^Pens  and  ink 
stands  were  in  place.  Legal  cap  paper  presented  unwritten 
pages,  and  still  no  one  had  called  upon  the  Secretary,  nor 


CONFEDERA  C  Y  FORMED,  311 

had  the  Secretary  called  upon  his  clerk.  I  had  re-adjusted 
everything  time  and  again,  gone  to  the  door  opening  on 
Commerce  street,  read  and  re-read  the  announcement  in  the 
papers,  instructed  my  green  office  boy  a  dozen  or  more  times 
as  to  the  proper  mode  of  receiving  a  visitor  at  the  front  door, 
when,  at  last,  a  messenger  arrived  with  a  note  from  Mr. 
Memminger  informing  me  that  he  would  be  detained  with 
Congress  during  the  day.  Another  visit  to  Mr.  Powell  re 
sulted  in  a  neat  matting  for  the  floor,  and  other  conveniences, 
which  made  the  Secretary's  office,  by  the  next  morning, 
quite  comfortable. 

These  details  are  given  to  illustrate  the  small  beginnings 
of  the  Confederate  government,  and  as  they  unfold  them 
selves,  the  reader  will  see  how  great  emergencies  were  met 
from  the  most  limited  resources. 

While  thus  remaining  the  sole  occupant  of  the  executive 
building,  and  passing  the  short  interval  between  the  organi 
zation  of  the  cabinet  and  the  avalanche  of  work  which  im 
mediately  thereafter  bore  upon  every  resource  of  mind  and 
body,  in  arranging  the  appointments  of  the  department,  I 
had  the  seclusion  of  my  dignity  disturbed  by  a  visit,  which, 
while  it  brought  my  energies  into  play,  uncovered  the  then 
limited  resources  of  the  Confederate  Treasury. 

I  had  just  entered  upon  the  routine  duties  of  the  morn 
ing,  when  a  brisk,  firm  step  in  the  hall,  and  a  sharp,  de 
cided  rap  at  the  door,  evidenced  the  presence  of  some  one 
on  an  earnest  mission.  To  the  provincial  reply — "  Come 
in " — which  supplemented  the  absence  of  my  office  boy, 
there  entered  a  tall,  soldierly-looking  person,  whose  whole 
bearing  indicated  one  accustomed  to  command.  This  per 
son  at  once  inquired  for  the  office  of  Secretary  of  the  Treas 
ury.  When  informed  that  he  was  then  in  the  place  ap 
pointed  as  such,  he  scanned  the  room  in  a  half  skeptical 
manner  and  informed  me  with  some  emphasis  that  he  de 
sired  to  see  the  Secretary  at  once  and  on  very  urgent  busi-- 


312  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

ness.  I  elated  to  my  visitor  that  Mr.  Memminger  was  en 
gaged  at  the  Capitol,  with  Congress,  and  that  he  would  not 
be  at  the  office  during  the  morning.  To  the  further  sug 
gestion  that  I  might  possibly  serve  him,  as  the  Secretary's 
representative,  he  at  once  unfolded  his  mission.  "  I  am 
Captain  Deas,  sir,  late  of  the  United  States  army,"  was  the 
formal  announcement  of  himself.  Handing  me  a  note  he 
proceeded  about  in  this  manner:  "  I  have  been  instructed, 
sir,  by  the  President,  whose  letter  of  introduction  to  the 
Secretary  I  have  handed  to  you,  to  provide  blankets  and 
rations  for  one  hundred  men,  who  have  reported  to  him  for 
duty  in  the  army.  I  want  the  money,  sir,  to  carry  out  the 
instructions  of  the  President." 

Returning  the  President's  note  to  Captain  Deas,  "  late  of 
the  United  States  army,"  I  assured  him  that  nothing  could 
give  me  more  pleasure  than  to  comply  with  the  President's 
request;  "  but,  Captain,"  said  I,  drawing  a  lean  purse  from 
my  pocket  and  opening  it,  "  I  have  been  on  a  considerable 
frolic  in  Montgomery  for  the  past  two  weeks,  and  my  finan 
ces  at  this  moment  are  somewhat  demoralized."  Ascertain 
ing  that  I  had  a  sum  amounting  to  not  more  than  five  or 
ten  dollars,  I  continued:  "This,  Captain,  is  all  the  money 
that  I  wrill  certify  as  being  in  the  Confederate  Treasury  at 
this  moment." 

At  first  the  dignified  Captain  appeared  provoked  at  my 
humor,  which  to  him  may  have  appeared  impudence,  but 
when  informed  that  I  was  with  but  two  days'  experience  in 
a  department  service  that  began  its  operations  with  my 
presence,  his  frowning  brow  relaxed,  and  he  seemed  to  ap 
preciate  my  position  and  to  enjoy  the  joke.  Something  had 
to  be  done,  however,  to  meet  this  first  requisition  on  the 
Treasury,  as  the  gallant  Captain  was  determined  to  execute 
his  order.  We  w^ere  soon  at  the  Capitol  to  interview  Mr. 
Memminger.  Congress  was  in  secret  session,  but  I  was  en 
abled  to  communicate  with  my  chief,  who  gave  me  a  note  of 


CONFEDERA  C  Y  FORMED.  313 

introduction  to  Mr.  Knox,  president  of  the  Central  Bank  of 
Alabama,  that  enabled  me  to  open  a  credit  for  the  Confed 
erate  Treasury,  based  upon  the  personal  obligation  of  the 
Secretary.  The  relief  of  Captain  Deas  was  as  much  a  mat 
ter  of  pleasure  to  me  as  it  could  possibly  have  been  to  him. 
We  parted  with  each  other  at  the  bank  with  the  understand 
ing  that  he  would  make  the  purchases  and  send  the  bills  to 
me  for  payment.  In  the  evening  I  visited  the  troops,  in 
whose  behalf  this  first  exercise  of  executive  authority  had 
been  made,  and  ascertained  them  to  be  a  company  of  one 
hundred  men  from  Georgia,  who  had  tendered  their  ser 
vices  to  President  Davis.  They  were  under  the  command  of 
an  officer  selected  from  among  their  number,  who  bore  the 
historic  name  of  George  Washington  Lee.  Captain  Lee  was 
fromDeKalb  county,  Georgia,  and  his  company  was  the  first 
body  of  troops  who  had  enlisted  to  maintain  the  cause  of  the 
Confederacy. 

Within  a  week  from  the  date  of  his  appointment  as  Secre 
tary  of  the  Treasury,  the  legislation  necessary  to  establish  a 
credit  for  the  Confederacy  had  been  completed,  and  Mr. 
Memminger,  with  the  earnest  devotion  which  had  charac 
terized  his  history  in  private  and  in  public  life,  was  a  Cabi 
net  officer,  executing  the  provisions  of  the  enactments  of  the 
Provisional  Congress.  If,  from  the  necessity  growing  out 
of  the  incomplete  character  of  this  legislation,  I  had  found, 
for  the  first  day  or  two  of  my  official  life,  but  little  to  do, 
there  were  no  moments  of  leisure  when  the  Secretary  trans 
ferred  his  energies  and  business  experience  from  the  delib 
erations  of  Congress  to  the  executive  branch  of  the  govern 
ment  over  which  he  had  been  selected  to  preside. 

It  is  recorded,  by  one  of  his  biographers,  that  the  great 
Bonaparte  possessed  such  a  wonderful  vitality,  and  was  so 
minute  in  his  elaborate  details  of  office  work,  that  he  would 
exhaust  the  physical  powers  of  more  than  one  secretary 
when  formulating  the  plans  and  arranging  the  methods  of 


314  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

his  military  and  civil  administration.  I  know  of  at  least 
one  secretary  who  would  often  leave  the  office  of  the  Secre 
tary  of  the  Confederate  Treasury  after  midnight,  utterly 
worn  out  with  labors  that  had  begun  in  the  early  morning, 
and  who  would  leave  his  weariless  chief  absorbed  in  some 
one  of  the  many  problems  incident  to  his  most  important 
office. 

To  organize  a  Department  of  Finance  for  a  government 
formed  amid  revolutionary  surroundings,  that  would  con 
stantly  derange  normal  conditions  of  political  economy  and 
disturb  the  established  basis  of  credits  ;  to  meet  promptly 
the  financial  demands  of  such  a  government,  growing  as 
these  were,  day  after  day,  into  colossals  proportions,  required 
not  only  the  machinery  of  organization,  but  the  utmost 
skill ;  the  resource  of  the  best  judgment,  and  a  sagacity 
which  could  anticipate  events  yet  to  occur. 

To  meet  all  the  emergencies  of  the  government,  the  Pro 
visional  Congress  had  provided  a  loan  of  fifteen  millions  of 
dollars.  To  the  work  of  preparing  and  of  securing  the 
representatives  of  this  credit  and  negotiating  loans,  trie 
Secretary  of  the  Treasury  had  his  attention  drawn  immedi 
ately  upon  assuming  the  duties  of  his  office. 

It  will  appear  strange  to  one  who  follows  the  history  of 
subsequent  events,  that  the  Congress  should  not  have  anti 
cipated  the  gigantic  w^ar  in  which  the  cradle  of  the  Confed 
eracy  was  not  only  rocked,  but  which  was  in  the  end  to  ex 
haust  its  powers.  The  reason  for  this  is  to  be  found  in  the 
declaration  of  right  upon  which  the  secession  movement 
was  based.  Granting  the  right,  secession  was  believed  by 
some  to  be  a  peaceable  remedy  for  the  wrongs  which  the 
Southern  States  had  so  long  endured.  It  never  entered 
into  the  minds  of  the  very  large  majority  of  the  Southern 
Democrats,  and  was  only  entertained  by  a  minority  of  the 
North,  called  "National  Democrats,"  that  the  States  had 
not  the  right  to  resume  their  sovereignty  at  pleasure.  Even 


CONFEDERA  C  Y  FORMED.  315 

among -those  at  the  North  who  held  contrary  views,  there 
was  a  prevailing  opinion  that  the  Federal  government,  or 
more  properly  the  Federal  party,  would  not  attempt  to  co 
erce  the  seceded  States  by  a  resort  to  arms. 

While  the  "  National  Democrats,"  at  the  North,  were  mani 
festing  their  opposition  to  coercive  measures  on  the  part 
of  the  Federal  government,  there  was  also  a  very  respecta 
ble  minority  among  the  Whigs  and  the  Eepublicans  in  that 
section  who  had  declared  against  the  policy,  if,  indeed,  they 
had  previously  advocated  the  right  of  coercion.  Mr.  Sew- 
ard,  in  addressing  the  Senate  of  the  United  States,  January 
12th,  of  this  year,  declared  his  principles  to  be  the  "  Union 
before  Republicanism."  He  urged  not  only  the  repeal  of 
the  personal  liberty  bill,  and  the  enforcement  of  the  fugi 
tive  slave  law,  but  urged  the  Federal  government  to  prevent 
the  invasion  of  one  State  by  the  people  of  another.  The 
bitter  mariner  in  which  this  conservative  address  of  the 
New  York  Senator  was  denounced  by  the  radical  wing  of 
the  Federal  party  clearly  evidenced  that  it  was  not  the  great 
constitutional  question  involved  in  the  act  of  secession,  but 
just  such  a  fanatical  zeal  as  John  Brown  had  shown  in  his 
pretended  opposition  to  the  institution  of  slavery,  that  was 
forcing  the  Federal  authorities  to  over-ride  the  Constitution. 
The  position  taken  and  earnestly  maintained  in  the  New 
York  Tribune  by  Mr.  Greeley,  was  in  direct  opposition  to  the 
spirit  of  the  majority  of  his  party.  While  he  considered 
the  secession  of  the  Southern  States  an  error,  he  emphati 
cally  urged  that  the  "  erring  sisters  be  allowed  to  go  in 
peace."  In  accord  with  the  expression  of  the  leading  Re 
publican  journal  of  the  North,  the  New  York  News  pub 
lished  at  the  time  the  names  of  seventy  newspapers,  re 
ceived  as  exchanges  from  the  different  Northern  States,  op 
posing  all  coercive  measures  on  the  part  of  the  government 
as  being  both  unconstitutional  and  impolitic.  Even  Mr. 
Lincoln,  the  President-elect  of  the  Radical  Republicans,  in 


316  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEK. 

Ms  Springfield,  Illinois,  speech,  delivered  in  January,  1861, 
did  not,  in  more  than  equivocal  terms,  indicate  a  conviction 
that  the  Federal  government  had,  or  would  exercise,  the 
right  of  forcing  a  State  into  submission  to  the  will  of  his 
party.  He  ended  this  meaningless  address  by  frankly 
admitting  that  he  had  asserted  nothing,  and  had  asked  a 
few  questions  very  difficult  to  answer. 

Thus  it  was  that  from  the  assembly  of  the  Provisional  Con 
federate  Congress,  on  the  fifth  of  February,  until  the  deliv 
ery  at  Washington  city  of  the  inaugural  message  of  President 
Lincoln,  on  the  fourth  of  March,  there  was  nothing  to  indi 
cate  a  clearly-defined  policy  on  the  part  of  the  Federal  gov 
ernment  or  of  the  political  party  that  had  accidentally  come 
into  the  possession  of  its  machinery.  For  these  reasons, 
taken  in  connection  with  the  further  fact  already  mentioned, 
that  the  seceded  States  were  exercising  a  right  of  sovereignty 
asserted  and  maintained  in  the  highest  courts  of  adjudication 
known  to  our  government  from  the  foundation  of  the  Union 
of  States,  the  Provisional  Congress  of  the  Confederate  States 
made  no  further  provision  for  the  exigencies  of  the  revolu 
tion  than  was  necessary  to  maintain  the  government  on  the 
basis  of  a  peace  establishment. 

As  soon  as  the  act  providing  for  the  loan  had  become  a 
law,  Mr.  Memminger  began  the  work  of  preparing  the  rep 
resentatives  of  our  Confederate  credit.  So  exclusively  agri 
cultural  had  been  and  were  the  pursuits  of  the  people  of  the 
South,  and  so  long  accustomed  to  depend  upon  the  Northern 
manufacturers,  and  upon  the  resources  of  European  nations, 
that  at  the  very  outset  of  his  labors  the  Confederate  Secre 
tary  found  serious  difficulty  in  providing  the  coupon  bonds, 
certificates  and  treasury  notes  which  were  to  represent  the 
financial  resources  of  his  government.  In  none  of  the 
Southern  cities  could  engravers  on  steel  or  stone  be  found. 
Under  these  circumstances  resort  was  had  to  the  facilities 
offered  through  the  active  co-operation  of  Mr.  G.  B.  Lamar, 


CON  FED  ERA  C  Y  FORMED.  317 

president  of  the  Bank  of  the  Republic,  in  New  York  city. 
Acting  as  our  agent,  Mr.  La-mar  entered  into  a  contract  with 
the  American  Bank-Note  Company  for  engraving  and  print 
ing  the  bonds  and  treasury  notes  authorized  by  act  of  Con 
gress.  The  work  was  handsomely  executed  on  the  best  of 
bank-note  and  bond  paper,  but,  with  all  the  precaution  taken 
by  Mr.  Lamar,  the  entire  issue  fell  into  the  hands  of  the  vigi 
lant  servants  of  the  Federal  government  and  was  seized  as 
being  contraband  of  war.  Hence  we  were  driven  to  the  ex 
pedient  of  importing  engravers  from  abroad,  and  were  com 
pelled  to  resort  to  the  use  of  such  appliances  and  machinery 
as  could  be  improvised  at  home. 

The  few  paper-mills  in  the  South  were  manufacturing 
only  an  ordinary  grade  of  newspaper  or  the  common  wrap 
ping  paper  used  in  the  shops.  For  some  time  we  had  to 
rely  upon  the  bank-note  paper  that  could  be  obtained  through 
partially  closed  ports,  or  that  was  brought  across  the  frontier 
of  the  Confederacy  by  our  trusted  agents.  The  enterprise 
and  skill  of  Messrs.  Evans,  Cogswell  &  Co.,  of  Charleston, 
S.  C.,  supplied  the  coupon  bonds,  but  the  difficulty  of  en 
graving  and  printing  the  treasury  notes  was  not  solved  until 
after  the  removal  of  the  Executive  departments  of  the  gov 
ernment  to  Richmond,  Ya.,  in  the  summer  of  1861.  Here 
Messrs.  Hoyer  &  Ludwig,  skilled  engravers,  were  established 
by  the  Secretary  of  the  Treasury,  and  under  the  supervision 
of  an  officer,  specially  appointed  for  the  purpose,  the  first 
treasury  notes  were  engraved  upon  old  and  inferior  stones 
used  formerly  for  common  placards,  and  printed  upon  paper 
brought  from  Baltimore  by  agents  employed  in  the  special 
service  cff  the  Treasury  Department.  There  was  a  paper- 
mill  at  Richmond,  but  heretofore  it  had  been  manufacturing 
no  better  grade  than  the  ordinary  newspaper  used  by  the 
local  press  and  printers.  It  became  obvious  to  Mr.  Mem- 
minger,  at  an  early  day  in  his  administration,  that  this  want 
of  facilities  for  producing  the  material  upon  which  to  express 


318  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

the  evidences  of  credit  authorized  by  acts  of  Congress  would 
have  to  be  supplied  either  by  the  Confederate  government 
or  by  individual  enterprise.  Without  delay  he  called  to  his 
aid  Mr.  Montague,  president  of  the  Richmond  paper-mills, 
and  at  once  began,  with  his  active  co-operation,  arrange 
ments  for  the  manufacture  of  linen  and  the  best  quality  of 
bank-note  paper  possible  under  the  circumstances.  In  his 
report  to  Congress,  March  14,  1862,  Mr.  Memminger  thus 
refers  to  these  difficulties  :  "  At  this  stage  of  our  progress 
we  were  brought  to  a  stand  by  the  difficulty  of  preparing 
treasury  notes  in  the  Confederate  States.  We  had  become 
so  entirely  dependent  upon  the  North  that  but  a  single  bank 
note  engraver  could  be  found  in  the  Confederate  States,  and 
none  of  the  material  necessary  for  a  bank-note  was  manu 
factured  amongst  us.  AVe  were,  therefore,  compelled  to  sub 
stitute  lithographs  for  steel  engravings,  and  to  create  the 
manufacture  of  bank-note  paper.  The  delays  incident  to 
such  a  state  of  things  produced  many  difficulties,  and  ren 
dered  it  impossible  to  furnish  an  amount  in  notes  adequate 
to  meet  the  daily  requisitions  of  the  departments.  The  banks 
were  applied  to  for  a  loan  of  their  notes  to  meet  the  exigency. 
They  promptly  responded,  and  the  balance  due  them  is  set 
forth  in  one  of  the  schedules  accompanying  this  report." l 

This  statement  will  also  explain  why  the  Confederate 
treasury  notes  were  at  first  so  objectionable  in  appearance. 
Until  the  Richmond  mills  had  secured  the  necessary  ma 
chinery  and  stock  for  the  manufacture  of  bank-note  paper 
our  supply  was  obtained  entirely  from  Northern  cities, 
through  friends  in  Maryland,  whose  expedients  to  secure  the 
safe  delivery  at  Richmond  of  the  much-needed  paper  have 
furnished  to  me  a  story  abounding  in  ingenious  device  and 
thrilling  adventure. 

In  perfecting  the  organization  of  the  several  divisions  and 
sub-divisions  of  the  Treasury  Department,  the  system  devised 

J  See  Appendix  for  Reports. 


1.  ALEXANDER  ]',.  CLITHERALL,  Resist* 
3.  EDWARD  (J.  ELMORE,  Treasurer. 


'2.   HOLLINd  RAKER,  Auditor. 
I.  Treasury  Department,  ('.  S.  A. 


CONFEDERACY  FORMED.  319 

by  Alexander  Hamilton,  and  still  in  use  at  Washington 
city,  was  with  some  modifications  adopted  by  Mr.  Memmin- 
ger.  At  the  commencement  of  his  administration  the  Sec 
retary  was  fortunate  in  securing  the  valuable  services  of  a 
number  of  gentlemen,  whose  sympathies  with  the  cause  of 
the  Confederacy  prompted  them  to  resign  prominent  posi 
tions  in  the  United  States  Treasury  Department  and  to  ten 
der  their  services  to  the  Confederate  government.  Mr. 
Philip  Clayton,  who  had  been  assistant  secretary  under  Mr. 
Ho  well  Cobb,  at  Washington,  was  appointed  Assistant  Sec 
retary  of  the  Confederate  Treasury.  Having  a  knowledge 
of  the  forms,  and  of  the  general  working  of  the  system  at 
Washington,  he  rendered  valuable  services  in  the  organiza^ 
tion  of  our  department.  Accompanying  Mr.  Clayton  to 
Montgomery  from  Washington,  was  Mr.  Charles  T.  Jones, 
who  for  years  had  served  in  the  United  States  Treasury,  and 
who  possessed  an  accurate  knowledge  of  the  business  formu 
las.  He  brought  with  him  copies  of  all  of  the  forms  in  use 
in  all  of  the  several  bureaus.  To  the  willing  spirit  and  in 
defatigable  labors  of  Mr.  Jones  we  were  more  indebted  than 
to  any  single  individual  for  the  rapid  and  perfect  organiza 
tion  of  the  department  in  all  of  its  details.  Mr.  Jones  was 
a  native  of  Indiana,  a  gentleman  of  many  excellent  social 
virtues,  and  as  a  careful  and  systematic  business  man,  su 
perior  to  any  I  have  ever  known.  On  the  10th  of  March, 
less  than  one  month  after  the  appointment  of  the  Secre 
tary  to  office,  the  Treasury  Department  of  the  Confede 
racy  was  thoroughly  organized,  with  the  following  officers  on 
duty: 

Executive  Office — C.  G.  Memminger,  Secretary;  Philip 
Clayton,  of  Georgia,  Assistant  Secretary;  PI.  D.  Capers,  Chief 
Clerk  and  Disbursing  Officer;  J.  A.  Crawford,  Warrant 
Clerk;  Henry  Spamick,  Edmund  Randolph,  H.  Kermer- 
worth,  J.  II.  Nash,  J.  P.  Stevens,  J.  W.  Anderson,  Thompson 
Allan,  Clerks, 


320  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

Comptroller — Lewis  Cruger;  John  Ott,  Chief  Clerk. 

First  Auditor— Boiling  Baker;  W.  W.  Lester,  Chief  Clerk; 
J.  W.  Robertson,  M.  F.  Govan,  J.  F.  Ezell,  Clerks. 

Second  Auditor— W.  H.  S.  Taylor;  J.  C.  Ball,  Chief  Clerk. 

Register— A.  B.  Clitherall;  Chas.  T.  Jones,  Chief  Clerk;  J. 
C.  Thayer,  James  Simons. 

Treasurer— Ed.  C.  Elmore;  T.  T.  Green,  Chief  Clerk; 
Thomas  Taylor,  Cashier. 

I  regret  that  I  have  not  the  memoranda  with  which  to  re 
fresh  my  recollection  of  the  names  of  all  the  clerks  who  were 
at  this  date  assisting  in  the  several  bureaus  of  the  depart 
ment.  I  have  given  above  only  such  names  as  I  am  enabled 
to  recall  from  memory  after  a  lapse  of  many  years.  Excel 
lent  gentlemen  and  superior  business  men  were  among 
others  whose  names  have  been  lost  among  the  multitude  I 
have  since  met  with  in  the  varied  associations  of  the  past 
years. 

The  terms  under  which  the  clerks  and  employes  held  their 
offices  in  the  Executive  departments  of  the  Confederate  gov 
ernment  were  such  as  to  secure  the  best  of  service  from  com 
petent  persons,  and  to  inspire  a  sense  of  personal  self-respect 
by  investing  the  employe  with  such  security  in  his  tenure  as 
would  naturally  provoke  fidelity  in  the  discharge  of  his  duty, 
while  at  the  same  time  the  government  had  the  benefit  of 
his  efficiency.  Cabinet  officers  were,  of  course,  appointed  by 
the  President,  who  held  their  offices  for  six  years,  but  all  other 
executive  and  judicial  appointments  were  for  life,  or  during 
good  behavior. 

An  officer,  once  appointed,  could  not  be  removed  unless  it 
was  shown  that  he  was  intellectually  incompetent,  negligent 
in  the  discharge  of  his  duties,  or  dishonest,  or  unless  the  office 
held  by  him  had  been  abolished  by  the  authority  creating  it. 

In  the  service  of  the  several  departments  of  the  govern 
ment,  each  Secretary  was  the  judge  of  the  number  of  clerks 
ne9essary  to  perform  promptly  and  efficiently  the  work  of 


CONFEDERA  C  Y  FORMED.  321 

the  several  divisions  and  sub-divisions  of  his  department, 
and  was  expected  to  make  such  rules  and  such  appointments 
to  office  as  in  his  judgment  the  exigencies  of  the  public  ser 
vice  required. 

While  the  assistant  secretaries  and  chief  bureau  officers 
were  confirmed  in  their  appointments  to  office  by  the  Senate 
on  the  recommendation  of  the  President,  they  were  by  no 
means  independent  of  the  executive  head  of  the  department 
to  which  they  belonged,  and  could  be  removed  from  office 
for  cause  or  suspended  at  his  pleasure  by  the  consent  of  the 
President. 

Mr.  Memminger  very  wisely  allowed  the  several  chiefs  of 
the  divisions  into  which  his  department  was  divided  to  nomi 
nate  the  clerks  for  appointment  who  they  desired  to  serve  un 
der  their  supervision  to  him.  Upon  this  nomination  being 
made  and  approved  by  the  Secretary,  the  clerk  received  a 
temporary  commission  in  these  words 

SIR, — You  are  hereby  appointed  a  clerk  of  the  class  in   the 

Treasury  department  of  the  Confederate  States  on  trial  for  the  period  of 

six  months,  and  are  assigned  to  duty  with  ,  to  whom  you  will  at 

once  report.  At  the  expiration  of  the  time  prescribed  herein,  if  a  favor 
able  report  is  made  on  your  character  and  efficiency,  you  will  receive  a 
permanent  commission  should  the  exigencies  of  the  public  services  ren 
der  it  necessary  to  employ  you." 

The  very  correct  opinion  of  the  Secretary  was  that,  as  the 
bureau  officers  were  held  responsible  for  the  proper  discharge 
of  the  work  in  their  several  branches  of  the  public  service, 
and  in  several  instances  were  under  bond  in  large  sums,  that 
they  should  be  allowed  to  select  largely  their  own  assistants. 
The  probation  prescribed  would  be  sufficient  to  develop  the 
fitness  of  the  appointment  and  to  give  sufficient  time  in 
which  to  investigate  the  antecedent  history  of  the  clerk. 

The  worthy  Secretary  had  spent  his  active  life  as  a  com 
mercial  lawyer,  among  the  best  business  men  of  a  seaport 
city,  famous  for  its  orthodox  methods  in  America  anddn 


322  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

Europe,  and  viewed  the  whole  matter  of  appointments  to 
office  strictly  from  a  business  standpoint. 

The  gentlemen  who  had  entered  the  Department  of  the 
Treasury  from  Washington  were  evidently  much  surprised 
at  the  surveillance  under  wrhich  they  were  kept,  and  were 
frequently  comparing  the  lax  methods  of  a  clerk's  life  in 
that  Capitol  City  with  what  some  of  them  were  pleased  to 
call  the  banking-house  service  of  Mr.  Memminger.  If  there 
was  a  sinecure's  place  in  his  department,  the  Secretary  of 
the  Treasury  was  not  aware  of  its  existence. 

It  was  my  honor  (and  I  use  the  word  here  to  express  its 
fullest  import)  to  have  had  the  confidence  of  Mr.  Memmin 
ger.  I  understood  then,  and  from  him,  the  reason  why  he 
sought  from  the  first  to  place  his  department  under  the  reg 
ulation  discipline,  which,  with  a  few  exceptions,  appeared  to 
excite  the  disgust  of  those  who  had  resigned  clerkships  in 
the  department  at  Washington  to  accept  the  service  of 
patriotism  in  Montgomery.  It  was  as  far  from  the  mind  of 
Mr.  Memminger  as  it  was  in  antagonism  with  his  social 
spirit  to  play  the  role  of  a  martinet  or  to  be  a  tyrant.  Of 
all  public  functionaries  I  have  ever  known,  he  was  the  most 
scrupulously  conscientious.  He  believed  that  an  officer  of 
the  government,  who  received  pay  for  his  services,  should 
render  a  quid  pro  quo  for  the  same  just  as  completely  and 
for  the  reason,  in  all  honesty,  that  the  same  would  be  de 
manded  in  any  properly  conducted  business  establishment. 

Hence,  he  fixed  regular  business  hours,  from  9  o'clock 
A.  M.  to  3  P.  M.,  and  if  the  exigencies  of  the  public  service 
required  it,  the  working  force  was  ordered  back  to  their 
desks  in  the  evening,  to  remain  there  until  the  pressing 
business  was  finished.  As  an  example  to  his  subalterns,  the 
Secretary  was  the  most  punctual  and  devoted  among  all  of 
the  officials.  Unless  he  was  called  to  a  Cabinet  meeting  or 
was  engaged  in  the  Senate,  where,  upon  all  questions  affect 
ing  the  financial  interests  of  the  government  he  had  a  voice, 


CONFEDERA  C  Y  FORMED,  323 

you  could  find  him  with  certainty  at  his  office,  where  he  was 
generally  among  the  first  to  arrive  and  last  to  leave. 

The  reader  ne.ed  not  infer  that  we  were  exempt  from  the 
annoyances,  if  you  please  to  call  them  such,  incident  to  the 
life  of  all  officials  who  have  the  appointing  power  vested  in 
them,  but  there  was  not  in  those  days  the  immodest  pressure 
brought  to  bear  which,  we  are  informed,  is  the  most  dis 
agreeable  feature  of  the  public  service  at  Washington  city 
and  elsewhere  in  the  country. 

At  an  early  day  I  was  required  by  the  Secretary  to  ad 
dress  the  following  circular  letter,  enclosing  a  copy  of  rules, 
to  the  several  bureau  officers  of  the  department.  These 
rules  were  ever  afterwards  rigidly  adhered  to,  as  embodying 
the  general  regulations  of  the  service  in  his  department: 

SIR, — I  am  directed  by  the  Secretary  of  the  Treasury  to  call  your  at 
tention  to  the  accompanying  rules  respecting  the  general  service  and 
the  appointment  of  clerks  in  your  bureau.  The  necessity  for  the  prompt 
dispatch  of  the  public  business,  and  the  Secretary's  desire  to  have  none 
but  worthy  and  efficient  employes  in  the  department,  require  that  these 
regulations  be  strictly  enforced. 

Respectfully,  H.  D.  CAPERS,  Chief  Clerk. 

REGULATIONS. 

First.  Persons  desiring  appointment  to  office  in  the  Treasury  Depart 
ment  must  present  to  the  Secretary,  through  his  Chief  Clerk,  their  ap 
plications  written  in  their  own  handwriting,  stating  their  names,  place 
of  nativity,  their  present  place  of  residence  and  past  business  experi 
ence.  This  must  be  accompanied  with  such  references  as  they  are  en 
abled  to  give.  The  endorsements  of  well-known  business  men  in  the 
community  in  which  the  applicant  resides  are  preferred  to  any  others. 

Second.  The  Secretary  requires  that  a  report  shall  be  made  to  him  on 
the  first  day  of  every  month,  setting  forth  the  number  of  clerks  on  duty 
at  that  date,  their  particular  assignment  to  duty  and  their  efficiency ; 
also,  the  additional  number  of  clerks  necessary  to  meet  the  require 
ments  of  the  service  in  each  division  of  your  bureau,  with  the  character 
of  the  work  they  are  expected  to  perform.  You  will  accompany  this 
report  with  the  nominations  of  such  persons  as  may  have  had  their  ap 
plications  referred  to  you  from  this  office,  or  such  other  persons  as  you 
are  led  to  believe  are  better  qualified  to  perform  the  duties  required 
than  those  who  have  formerly  applied.  Upon  the  receipt  of  your  report 


324  LIFE  AND  TIMES  OF  C.  G. 

temporary  commissions  for  six  months  will  be  issued  to  those  you  may 
nominate  for  appointment.  At  the  expiration  of  this  time,  if  it  should 
be  discovered  that  they  are  in  all  respects  qualified  as  competent  busi 
ness  men  for  the  position  of  clerks  in  this  department,  permanent  com 
missions  will  be  issued  over  the  signature  and  seal  of  the  Secretary. 

iThird.  In  assigning  clerks  to  duty  you  will  keep  in  mind  that  promo 
tions  are  to  be  made  alone  from  among  those  who,  by  fidelity  and  effi 
ciency  in  the  discharge  of  duty,  have  fairly  won  the  right  to  distinction. 
This  is  the  only  rule  by  which  you  will  be  governed  in  the  promotion  of 
clerks  in  your  bureau  from  one  class  to  another. 

Fourth.  Your  attention  is  called  to  the  necessity  of  observing  the 
business  hours  as  fixed  by  the  Secretary — viz. :  From  9  o'clock  A.  M.  to  3 
p.  M.  If  the  exigencies  of  the  public  service,  in  your  judgment,  should 
require  it,  you  will,  at  your  discretion,  order  the  clerks  on  duty  in  your 
bureau  back  to  their  business  places  in  the  evening,  to  remain  until  the 
business  of  the  day  has  been  fully  brought  up.  This  is  especially  neces 
sary  in  the  bureaus  of  the  Auditors  and  the  Comptroller.  While  no  im 
proper  haste  is  to  be  allowed,  yet  there  must  be  no  unnecessary  delay 
in  advancing  the  business  of  the  department. 

Fifth.  All  loitering  on  the  part  of  the  clerks,  employes  or  visitors 
about  the  offices  of  the  department  is  strictly  forbidden  during  office 
hours.  The  offices  of  this  department  are  considered  as  much  places  of 
business  as  the  counting-rooms  of  merchants  or  bankers,  and  are  not 
the  places  in  which  to  entertain  guests.  The  janitors  and  messengers 
will  extend  all  proper  courtesies  to  visitors,  but  this  will  in  no  wise  ex 
tend  beyond  the  civilities  of  a  business  establishment.  Clerks  or  em 
ployes  desiring  leave  of  absence  must  apply  in  writing  for  the  same  to 
the  head  of  the  bureau  in  which  they  are  serving,  stating  the  time  for 
which  this  absence  is  desired.  If  the  application  is  approved,  a  copy  of 
the  leave  of  absence  must  be  filed  with  the  Chief  Clerk  of  the  bureau 
before  the  person  leaves,  who  will  at  once  forward  the  copy  to  this 
office. 

Sixth.  The  pay-rolls  of  the  several  bureaus  in  this  department  must 
be  approved  by  the  Chief  Clerk  and  filed  with  the  Disbursing  officer  of 
the  department  on  the  25th  day  of  each  month  for  inspection.  All 
requisitions  for  office  furniture,  stationery,  etc.,  must  be  made  in  the 
form  prescribed,  and  certified  to  as  required,  by  the  chief  of  the  bureau 
in  which  the  same  is  to  be  used,  and  filed  with  the  Disbursing  officer  of 
the  department  for  consideration.  While  ail  the  necessary  conveniences 
for  office  work  will  be  allowed,  no  extravagance  will  be  permitted. 

Seventh.  Officers,  clerks,  or  employes  in  the  departments  are  strictly 
forbidden  to  correspond  with  newspapers  or  to  furnish  any  information 
or  abstract  from  the  files  or  the  records  without  special  permission  from 
the  Secretary  in  writing.  Any  violation  of  these  rules  will  subject  the 
offender  to  prompt  suspension  or  discharge. 


CONFEDERA  C  Y  FORMED.  325 

An  inflexible  adherence  to  these  rules  and  the  prompt 
enforcement  of  the  prescribed  penalties,  secured,  in  connec 
tion  with  the  willing  spirit  of  excellent  officers,  the  most 
efficient  service.  It  is  likewise  true  that  their  enforcement 
subjected  Mr.  Memminger  to  the  harsh  and  unmerited  criti 
cism  of  a  class  of  politicians  who  were  not  disposed  to  con 
sider  an  official  as  a  public  servant,  on  duty  under  a  public 
trust,  and  who  had  for  some  reason,  best  known  to  those 
who  had  held  office  in  Washington  city,  been  disposed  to 
regard  appointments  to  office  as  an  immunity  from  labor ; 
that  the  treasury  was  a  kind  of  public  .  depository  to  be 
drawn  on  as  a  right  of  political  partisanship  under  the  guise 
of  compensation  for  services  rendered,  and  which,  if  ren 
dered  at  all,  are  generally  so  at  a  cost  to  the  government  far 
in  excess  of  the  salaries  paid  at  well  regulated  banking 
establishments.  Mr.  Memminger,  very  probably,  took  a 
strict  business  view  of  the  matter,  and  was  in  the  Treasury 
Department  enforcing  only  such  regulations  as  a  business 
man  would  expect  to  see  enforced  among  the  representative 
commercial  men  of  the  country.  There  were  not  the  diffi 
culties  in  his  way  incident  to  the  existence  of  rival  political 
parties.  Even  if  there  had  been,  his  high  sense  of  duty 
and  conscientious  regard  for  the  obligations  he  had  as 
sumed  would  have  readily  indicated  this  course  to  the  Sec 
retary 

Among  the  few  who  did  not  hesitate  in  my  presence  to 
express,  in  unmeasured  terms,  their  dissatisfaction  with 
the  rules  of  the  Secretary,  and  especially  with  the  rigid 
manner  in  which  they  were  enforced,  was  the  Assistant  Sec 
retary,  Mr.  Philip  Clayton.  Accustomed  to  the  easy  meth 
ods  of  the  department  service  in  Washington  city,  and  as 
an  Assistant  Secretary  there,  to  use  his  convenience  in  meet 
ing  the  wishes  of  an  indulgent  Secretary,  whose  training 
had  been  with  politicians  or  on  the  judicial  circuits  of 
Georgia,  Mr.  Clayton  soon  began  to  manifest  opposition  to 


326  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

"restraints"  and  "exactions,"  as  he  termed  them,  of  the 
Carolina  Secretary,  not  alone  in  his  remarks  to  the  Chief 
Clerk,  hut  in  a  form  of  inuendo  addressed  to  third  persons 
in  my  hearing,  the  evident  intention  being  that  these  re 
marks  should  reach  the  Secretary  through  his  confidential 
clerk.  I  do  not  attribute  Mr.  Clayton's  objection  to  the 
discipline  of  Secretary  Memminger  to  an  indisposition  on 
his  part  to  discharge  the  duties  of  his  office,  but  to  an  ultra 
democratic  spirit  which  rebelled  against  all  impositions  of 
restraint.  He  was  social  in  his  nature  and  very  fond  of 
company,  and  never  happier  than  when  with  congenial  as 
sociates,  he  was  discussing  the  philosophy  of  politics  or 
religion,  or  some  one  of  the  abstract  sciences.  It  would 
happen  at  times  that  some  one  or  more  of  his  friends  would 
call  upon  the  Assistant  Secretary  during  office  hours.  To 
remind  them  that  a  social  visit  at  that  time,  and  at  a  busi 
ness  office,  was  contrary  to  the  rules  of  the  department  was 
to  admit  that  he  was  under  the  subordination  of  a  law  he 
had  no  authority  to  suspend  at  his  pleasure.  Hence,  he 
was  brought,  through  his  real  good  nature,  into  a  position 
which  ultimately  provoked  a  reprimand  and  alienated  the 
official  confidence  of  his  chief.  No  one  could  have  regret 
ted  this  unhappy  result  more  than  myself.  Mr.  Clayton 
possessed  rare  intellectual  endowments,  to  which,  if  there 
had  been  added  more  of  nervous  energy  and  the  systematic 
habits  of  a  business  man,  the  Confederate  Treasury  Depart 
ment  would  have  had  in  him  an  invaluable  officer.  His 
wonderful  mathematical  intuition,  by  which,  at  apparently 
a  glance,  he  could  make  almost  any  desired  combination  in 
figures,  was  really  phenomenal.  He  has  been  known,  for 
example,  in  reviewing  an  Auditor's  report,  embracing  five 
and  six  columns  of  figures,  to  add  the  whole,  page  by  page, 
by  taking  the  columns  of  figures  together,  and  to  announce 
the  result  before  an  expert  accountant  could  determine  the 


CONFEDERACY  FORMED.  327 

aggregate  of  a  single  column.  His  accuracy  in  figures  be 
came  so  well  established  that  no  one  for  a  moment,  would 
question  the  result  with  the  endorsement  of  his  signature 
to  the  statement.  It  may  be  readily  inferred  that  the  want 
of  sympathy  between  the  Secretary  and  his  assistant  would, 
if  permitted  to  continue,  become  a  source  of  annoyance  to 
the  Secretary  and  derange  also  the  work  of  the  department. 
There  was  no  attention  paid  at  first  to  the  disaffection  of 
Mr.  Clayton  by  the  Secretary,  who  expressed  to  me  the  hope 
that  his  assistant  would  yield  his  peculiar  whims  and  meth 
ods  when  he,  in  common  with  others,  was  served  with  a 
copy  of  the  department  regulations.  In  this  the  Secretary 
was  disappointed.  It  was  not  until  about  this  time  that  the 
Secretary  ignored  the  presence  of  his  assistant,  and  would 
refer  directly  to  me  business  matters  of  a  confidential  char 
acter  which  should  have  been  properly  entrusted  to  Mr. 
Clayton. 

At  length  there  was  an  open  rupture.  Mr.  Clayton's 
.friends  were  not  strong  enough  in  their  influence,  with 
either  the  President  or  Congress,  to  maintain  the  Assistant 
Secretary  in  his  position.  He  resigned  his  office  on  the  de 
mand  of  the  inflexible  Secretary,  and  shortly  thereafter 
issued  a  publication  in  which  he  made  an  attack  upon  the 
administration  of  the  Secretary,  which  savored  more  of  the 
spirit  of  insubordination  than  of  either  patriotism  or  self- 
control. 

An  examination  of  the  regulations  found  above,  will  fail 
to  convince  anyone  at  all  accustomed  to  the  systematic  order 
of  business  affairs,  that  there  was  a  single  exaction  made 
which  would  compromise  in  the  least  particular  the  personal 
dignity  of  an  official,  or  that  would  place  a  restraint  upon 
the  employe  not  demanded  by  the  best  interests  of  the  pub 
lic  service.  The  opposition  to  the  enforcement  of  these  regu 
lations  was,  in  my  opinion,  not  from  a  disposition  on  the 


328  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

part  of  any  official  to  avoid  the  performance  of  duty,  but 
simply  from  the  fact  that  the  habits  of  the  objector,  formed 
among  the  associations  of  a  people  who,  from  their  infancy, 
were  accustomed  to  freedom  from  all  restraint,  were  such 
that  he  rebelled  at  the  very  suggestion  of  a  master,  how 
ever  appointed.  This  peculiarity  of  our  people  was  notice 
able,  not  only  in  the  civil  service,  but  in  the  volunteer  mili 
tary  organizations  of  the  Confederacy. 

To  command  was  so  much  a  habit  that  it  became  the 
nature  of  our  people,  and  it  was  most  repugnant  of  all 
things  to  this  nature  to  be  commanded.  Obedience  to  law 
as  an  abstract  virtue,  might  have  been,  and  was,  frequently 
eulogized  by  those  spirits  who  were  ready  to  defy  the  constitu 
ted  authority  of  the  law  at  the  least  provocation.  Hence,  the 
Confederate  army  was  once  styled  by  a  foreign  officer,  serv 
ing  with  General  Stuart's  cavalry,  "  a  grand  assembly  of 
officers." 

Once  having  announced  his  regulations  to  the  subordi 
nates  of  his  department,  Mr.  Memminger  not  only  con 
formed  his  official  life  to  them  but  was  inflexible  in  their 
enforcement.  No  political  or  social  influence  could  save  a 
negligent  or  recalcitrant  official.  This  was  made  manifest, 
and  with  emphasis,  in  the  case  of  a  gentleman  from  Vir 
ginia,  who  held  a  clerkship  in  the  Secretary's  office.  Shortly 
after  the  announcement  of  the  Secretary's  rules  this  gentle 
man  gave  expression  to  his  criticism  in  a  communication  to 
a  Richmond  newspaper,  in  which  he  very  imprudently,  but, 
as  I  believe,  not  willfully,  made  public  certain  business 
transactions  of  the  department.  As  soon  as  the  name  of 
the  offending  clerk  was  ascertained  he  was  at  once  notified 
that  his  services  were  no  longer  required.  In  vain  did  re 
pentant  requests  and  the  appeals  of  influential  friends  reach 
the  Secretary  or  importune  the  intervention  of  the  Presi 
dent. 


C OXFEDERA  C  Y  FORMED.  329 

It  is  by  no  means  a  necessary  inference,  that  in  the  rou 
tine  of  our  official  duties  we  were  denied  the  pleasures  of 
such  social  interchange  as  always  must  serve  to  make  the 
spice  of  what  might  otherwise  become  an  insipid  and  prosy 
life.  On  the  contrary,  there  were  times  when  our  -social 
contact  brought  out  the  finest  expressions  of  wit  and  a  fund 
of  good  humor  which  I  often  recall  with  the  greatest  pleas 
ure.  It  seldom  ever  occurs  that  so  large  a  number  of  men, 
having  the  accomplishments  of  thorough  classical  educa 
tions,  and  natural  gifts  far  above  the  average,  are  drawn  to 
gether  in  the  discharge  of  duties  that  w^ould  appear  to  the 
uninformed  prosaic  and  mechanical. 

It  will  be  readily  perceived  by  the  reader  who  has  thus  far 
followed  me  that  as  the  Confederate  government  crystalized 
I  was  of  necessity  brought  in  contact  with,  the  Cabinet  offi 
cers,  and  those  placed  in  charge  of  the  several  subordinate 
divisions  of  the  departments,  in  such  a  manner  as  to  have  a 
knowledge  of  each,  whose  wants,  to  a  certain  extent,  it  wras 
my  duty  and  my  pleasure  to  meet.  The  Treasury  Depart 
ment  was  organized  and  some  of  its  branches  actively  at 
work  before  all  of  the  members  of  the  Cabinet  were  appointed 
and  installed.  Mr.  Memminger,  with  his  characteristic 
urbanity,  extended  through  his  executive  officer  such  cour 
tesies  as  the  circumstances  investing  these  would  readily 
suggest.  It  wras  in  this  way  that  I  had  the  pleasure  of  meet 
ing  with  these  distinguished  gentlemen,  who  were  to  direct 
the  several  departments  of  the  government. 

When  it  is  remembered  that  their  offices  wrere  at  the  out 
set  in  the  same  building,  and  that  this  structure  was  of  such 
ordinary  dimensions  as  its  original  commercial  character 
would  indicate,  the  reader  can  understand  that  there  were 
in  this  formative  period  of  administration  but  few  barriers, 
other  than  a  sense  of  propriety  would  suggest,  surrounding 
the  official  dignity  of  the  several  executive  offices.  The  dia- 


330 


LIFE  AND  TIMES  OF  C.  G.  MEMMINGEU. 


gram  below  will  illustrate  the  arrangement  of  the  offices  on 
the  second  floor  of  the  executive  building  and  exhibits  their 
proximity: 


MARKET  STREET. 


1 

2 

3 

4 

5 

6 

I 

7 

COMMERCE  STREET. 

OPEN  COURT. 

7V'2 

12 

11 

10 

9 

8 

1. — Chief  Clerk  State  Department. 

2.— Secretary  of  State. 

3.— President's  Office. 

4. — Private  Secretary  of  President. 

5.— Secretary  of  Treasury. 

6. — Assistant  Secretary  of  Treasury. 

7.— Chief  Clerk  Treasury. 


7%.— Commerce  Street  Entrance. 

8.— Register  of  Treasury. 

9. — Secretary  of  War. 
10.— Adjutant-General  and  Chief  Clerk. 
11. — Attorney-General. 
12. — Secretary  of  Navy. 


On  the  26th  of  May,  1861,  in  obedience  to  an  act  of  the 
Provisional  Congress  providing  for  the  removal  of  the  seat 
of  government  from  Montgomery,  Ala.,  to  Richmond,  Va., 
orders  were  issued  for  a  suspension  of  work  in  the  several 
departments  and  every  one  put  to  packing  up  records,  office 
furniture,  etcetera,  and  away  to  "  the  Mother  of  States  and 
Statesmen "  we  sped  our  way  as  fast  as  the  special  rail 
way  trains  could  take  us.  The  preamble  to  the  act  of  Con 
gress  changing  the  seat  of  government,  stated  that  "the 
exigencies  of  the  public  service  "  rendered  this  move  neces 
sary  in  the  judgment  of  Congress.  This  may  have  been  the 


CONFEDERA  C  Y  FORMED.  331 

case,  and  possibly  it  was  a  necessity  in  the  opinion  of  a  ma 
jority  of  our  statesmen,  but  it  was  only  so  with  a  majority. 
There  was  a  respectable  minority  in  Congress  who  thought 
that  his  experiences  eminently  qualified  the  President  to 
assume  command  of  the  armies  of  the  Confederate  States  in 
person,  and  desired  that  he  should  do  so,  making  Richmond 
his  headquarters,  while  the  capital  of  the  Confederacy  should 
remain  permanently  at  Montgomery,  with  Vice-President 
Stephens  in  charge  of  the  government. 

The  secession  of  Virginia  at  once  made  her  territory  the 
battle-field  of  a  struggle  which  was  no  longer  problematic, 
either  as  to  its  spirit  or  magnitude.  To  support  the  gallant 
people  who  recognized  their  allegiance  to  the  State  superior 
to  that  of  a  conditional  fealty  they  had  in  no  ambiguous 
terms  expressed  when  they  entered  the  federal  compact  of 
association;  to  meet  the  armies  being  organized  rapidly  to 
invade  the  territory  of  the  mother  of  sovereign  States  who, 
in  the  deliberate  act  of  secession,  stood  with  drawn  sword 
and  "  shield  before  her  heart  to  fight  with  heart  more  proof 
than  shield;"  in  the  defense  of  the  great  principles  upon 
which,  with  her  children,  she  had  acted,  was  the  leading,  the 
paramount  and  sufficient  reason  for  this  change  of  the  seat 
of  government.  There  were  regrets  sincerely  felt  and  warmly 
expressed  by  the  officers  of  the  government  at  leaving  the 
beautiful  city  where  a  characteristic  hospitality  had  been  so 
generously  and  elegantly  dispensed. 

Montgomery  had,  from  the  early  history  of  the  place,  been 
the  home  of  culture  and  a  true  type  of  Southern  social  life. 
Surrounded  for  many  miles  by  the  fruitful  fields  of  cotton 
planters,  it  drew  from  this  source  an  immensely  valuable 
commerce,  and  had  become  at  the  outbreak  of  the  revolution 
one  of  the  wealthiest  cities  of  its  population  in  the  United 
States.  Its  leading  citizens,  those  who  gave  tone  to  its  so 
ciety,  in  elevating  the  sentiment  that  inspired  all  public  and 
private  social  expressions,  were  gentlemen  and  ladies  who, 


332  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

in  the  educational  associations  of  their  early  lifo  in  Virginia 
or  Carolina,  had  inculcated  the  noble  virtues  of  the  old  Cav 
alier  and  Huguenot  stock  to  whom  we  of  the  South  owe  all 
that  we  have  ever  had  that  was  distinctive,  in  either  moral 
or  physical  graces.  No  place  in  all  of  Dixie  could  have  been 
selected  as  a  capital  for  the  Confederacy  that  was  more 
thoroughly  typical,  more  perfectly  representative  of  the 
genius  of  our  civilization.  The  social  amenities  of  the  good 
people  had  captured  especially  the  large  number  of  gentle 
men  who  came  into  our  service  from  the  army  and  the 
navy  of  the  United  States,  and  those  who,  in  department 
service  at  Washington  city,  had  found  the  social  temperature 
much  lower  among  the  snow-drifts  of  a  more  northern  lati 
tude.  Among  these  there  was  certainly  a  murmur  of  dis 
satisfaction  at  the  order  taking  them  from  Montgomery. 

At  Richmond  superior  facilities  were  found  for  the  con 
duct  of  the  business  of  the  several  departments  of  the  gov 
ernment.  But  a  short  time  had  elapsed  since  the  United 
States  government  had  completed  a  very  handsome  and 
commodious  fire-proof  building,  used  as  a  custom-house  and 
post-office.  The  vaults  and  offices  of  the  first  floor  of  this 
building  were  appropriated  by  the  Secretary  of  the  Treas 
ury,  while  the  President  and  Secretary  of  State  found  elegant 
and  convenient  offices  in  the  story  above.  The  War  and 
Navy  Departments  were  located  in  a  capacious  building  on 
Ninth  street  near  by,  while  Postmaster-General  Reagan  was 
established  in  very  comfortable  quarters  at  the  corner  of 
Bank  and  Twelfth  streets. 

When  Virginia  withdrew  from  the  Federal  Union,  Rich 
mond  was  not  only  the  capital  of  a  great  State,  but  for  years 
had  been  a  metropolis  whose  traffic  extended  through  all 
the  great  avenues  of  commerce.  .  The  leading  tobacco  mar 
ket  in  America,  it  was  also  conducting  a  very  large  export 
business  in  flour  and  grain,  while  its  foundries,  many  work 
shops  and  factories  made  it  among  the  prominent  manufac- 


FINANCIAL  POLICY.  333 

turing  cities  of  the  Atlantic  seaboard.  At  the  wharves  could 
have  been  seen  the  flags  of  all  nationalities  floating  from  the 
masts  of  vessels  whose  tonnage  ranged  from  the  famous 
clipper  and  ocean  steamship  to  the  schooner  and  sloop  of 
the  inland  and  coast  trade.  Main  and  Gary  streets,  from  the 
"Rocketts"  to  the  famous  basin  of  the  James  river  canal,  a 
distance  of  at  least  one  mile,  was  a  busy  scene  from  morn  to 
night  of  all  that  makes  the  active  life  of  the  merchant  or  the 
manufacturer.  As  distinct  from  all  this  as  the  picturesque 
falls  of  the  James  river  from  the  bay  to  whose  bosom  it  car 
ried  the  treasures  of  hill  and  dale,  was  all  that  part  of  the 
city  about  the  beautiful  park  that  surrounded  the  Grecian 
capitol  building,  both  as  to  the  character  of  the  occupation 
in  which  the  people  were  engaged,  and  the  social  character 
istics  of  the  people  themselves.  While  the  genius  of  com 
merce  presided  over  the  valley,  the  favorite  resting  places 
of  science,  literature  and  art  was  among  the  shaded  walks  of 
the  grand  old  park,  in  the  alcoves  of  the  great  State  library, 
or  among  the  more  secluded  retreats  furnished  by  the  club 
rooms  or  the  snug  offices  and  elegant  homes  of  men  whose 
cultur^  and  goodness  had  been  transmitted  from  the  early 
colonial  days,  with  the  treasure  of  a  history  and  the  lore  of 
traditions  unequalled,  save  in  England  or  in  France.  This 
spirit  rested  upon  the  whole  city  in  these  golden  days;  it 
made  every  man  and  woman  who  dwelt  there,  whether  white 
or  black,  bond  or  free,  rich  or  poor,  more  or  less  a  gentle 
man  or  a  gentle-lady. 

.  A  Virginia  gentleman  of  the  old  school  may  not  have  been 
produced  alone  in  Richmond.  Far  be  it  from  me  to  locate 
the  virtues  of  the  old  Commonwealth  exclusively  at  this 
place,  but  I  do  say  that  they  were  to  be  found  in  this  glorious 
old  city  in  1861,  in  the  fullest  expressions  of  the  highest  type 
of  civilization  America  has  ever  seen.  I  do  not  know  how  it  is 
to-day  in  the  "City  by  the  James."  Many  of  the  noble  men 
and  women  who  illustrated  the  period  of  which  I  am  writing 


334  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

have  left  the  weal  of  the  "  Old  Dominion  "  into  other  hands, 
have  passed  over  the  dark  river  and  are  "  resting  in  the 
shade  of  the  trees,"  in  a  lovelier  park  than  Richmond  can 
ever  have  ;  but,  far  above  material  considerations,  a  thousand 
times  greater  than  all  the  wealth  destroyed  by  the  war  or 
that  may  have  been  accumulated  since,  would  I  value  the 
character  of  a  Virginia  gentleman  or  lady  as  I  knew  these 
in  my  young  mantiood.  In  later  days,  as  I  have  seen  the 
easy  grace  and  simplicity,  the  ingenuous  frankness,  the  sin 
cere  amenities  and  uncalculating  generosity  of  our  people 
farther  south,  corrupted  by  the  material  spirit  and  borish 
manners  of  those  who  have  come  among  us  to  fatten  on 
misfortune  and  to  purchase  preferment  as  they  would  the 
meat  of  the  markets,  I  have  wondered  how  it  was  in  the 
old  metropolitan  cities  of  the  South  :  if  the  sora  of  the 
"  Eastern  Shore "  and  the  rice  bird  of  our  Southern  sea 
board,  the  Madeira  of  Charleston  and  the  Sherry  of  Rich 
mond,  the  oysters  of  York  river  and  the  rice  of  the  Waca- 
maw,  with  the  spirit  of  Christ  and  the  cavalier  in  and  over 
all,  still  produce  the  men  and  women  of  yore.  I  must  not, 
however,  digress,  let  the  reverie  be  ever  so  pleasant. 

Unprepossessing  in  appearance,  uncertain  in  the  promise 
they  expressed,  with  no  surer  guarantee  than  the  courage 
of  a  brave  people,  and  no  more  substantial  basis  to  rest  upon 
than  the  confidence  of  a  devoted  patriotism,  Confederate 
treasury  notes,  like  the  old  continental  bills  of  1780,  were,, 
with  the  money  changers,  considered  at  best  but  the  expres 
sions  of  a  metaphysical  faith — "the  substance  of  things 
hoped  for,  the  evidence  of  things  unseen." 

Not  so  with  our  good  people  throughout  all  of  the  Confed 
eracy.  It  was  their  money;  the  representative  of  the  highest 
value  they  chose  to  recognize;  the  success  of  a  cause  for 
which  they  were  struggling,  and  for  which  life  and  all  mate 
rial  considerations  were  pledged  and  freely  offered. 


FINANCIAL  POLICY.  335 

It  may  not  be  generally  known,  but  it  is  nevertheless  a 
fact,  that  Confederate  money  was  at  par  with  gold  and  for 
eign  exchanges  in  several  seaports  of  the  Confederacy  for  at 
least  a  month  after  its  first  appearance.  As  late  as  the  first 
of  August,  1861,  it  was  at  only  eight  per  cent,  discount  for 
gold  in  Richmond,  and  at  par  in  New  Orleans,  Mobile  and 
Charleston.  This  may  not  have  been  through  the  operation 
of  any  legitimate  principles  of  political  economy — I  will  not 
undertake  to  say  it  was — but  rather  a  result  brought  about 
by  the  financiering  skill  of  Mr.  Memminger,  and  the  patriotic 
co-operation  of  the  leading  bankers  in  these  commercial  cen 
ters.  At  any  rate,  several  large  bills  of  exchange  on  London 
and  Paris  were  bought  by  our  agents  at  each  of  the  cities 
named  above  and  were  paid  for  at  par  with  our  home-made 
money.  As  far  as  the  government  of  France  was  concerned, 
the  exchange  was  within  the  rule  of  values  as  these  are  fixed 
in  the  purchasing  power  of  money.  This  government,  mak 
ing  a  monopoly  of  tobacco  in  its  domain,  could  purchase  as 
much  with  a  Confederate  dollar  from  our  agents  in  Richmond 
as  with  an  assignat  or  a  gold  dollar,  so- that  until  this  commod 
ity  was  virtually  made  contraband  of  war  by  the  Federal  block 
ade  of  the  James  river,  we  were  enabled  with  our  treasury 
notes  to  increase  very  largely  our  gold  credits.  With  our  ports 
closed,  and  having  no  means  of  maintaining  an  uninterrupted 
foreign  commerce,  the  golden  period  of  Confederate  finance 
was,  of  course,  limited.  First  one  and  then  another  of  the 
few  banks  that  had  aided  us  suspended  payment  of  coin, 
until  finally,  when  the  month  of  August,  1861,  arrived,  the 
Canal  and  the  Citizens'  Banks,  of  New  Orleans,  were  the  only 
ones  receiving  Confederate  money  on  deposit  and  paying  it 
out  at  par  with  gold. 

Among  the  first  official  duties  that  engaged  my  thought 
on  reaching  Richmond,  in  the  early  days  of  June,  was  to 
execute  the  order  of  mv  chief  for  the  establishment  of  a 


336  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

Bureau  of  Engraving  and  Printing  in  connection  with  the 
Treasury  Department.  As  stated  in  a  preceding  chapter, 
the  resources  of  the  cotton-producing  region,  in  which  we 
were  first  established,  were  so  exclusively  agricultural  that 
skilled  engravers,  either  on  wood,  stone  or  metals,  were  not 
to  he  found.  The  loss  of  the  treasury  notes,  engraved  and 
printed  through  the  kindness  of  Mr.  G.  B.  Lamar,  by  the 
American  Bank-Note  Company  of  New  York,  necessitated 
that  we  should  become  our  own  printers,  and  not  rely  upon 
the  contingencies  of  running  through  the  blockaded  ports 
notes  that  possibly  may  have  been  much  better  executed  in 
Europe.  After  much  inquiry  I  found  a  clever  German  res 
ident  in  Richmond  who  was  engaged  in  a  small  way  in  the 
business  of  lithographing,  but  who  had  as  yet  essayed  no 
better  class  of  work  than  the  cards  and  posters  of  business 
men.  The  discovery  was  a  great  relief  to  me,  and  a  matter 
of  much  congratulation  with  the  Secretary,  especially  as  it 
was  ascertained  that  Mr.  Hoyer  could  induce  the  necessary 
assistants  to  come  to  his  aid  from  Baltimore.  In  a  few  days 
thereafter  the  firm  of  Hoyer  &  Ludwig  had  been  established 
in  convenient  rooms  011  Main  street,  and  were  at  work  under 
special  contract  with  the  Confederate  States  to  engrave  and 
print  the  treasury  notes,  their  establishment  being  under 
such  regulations  and  surveillance  as  was  deemed  necessary 
by  the  Secretary  of  the  Treasury.  After  many  experimental 
trials,  the  first  approved  proof-sheet  of  eight  one  hundred 
dollar  bills  was  taken  in  to  the  Secretary  for  his  inspection. 
While  there  were  defects,  palpable  to  even  a  superficial  crit- 
cism,  yet  these,  under  the  circumstances,  were  not  deemed 
great  enough  to  condemn  the  work.  The  demand  for  our 
promises  to  pay  was  imperative.  To  wait  under  these  cir 
cumstances  until  another  stone  could  be  engraved,  without 
the  assurance  that  the  work  would  "be  more  satisfactory,  was 
more  than  the  Secretary's  patience  could  stand.  In  approv 
ing  this  first  proof-sheet,  now  in  my  possession,  Mr.  Mem- 


FINANCIAL  POLICY.  337 

ininger  wrote  on  its  back  these  words:  "  When  the  money 
changers  become  more  familiar  with  the  peculiar  features  of 
these  uncanny  bills,  it  will  be  as  difficult  to  pass  a  counterfeit 
as  if  they  had  been  engraved  on  steel  by  an  expert;  may  be 
more  so."  At  once  the  presses  in  Hover  &  Ludwig's  estab 
lishment  were  put  to  work,  using  at  first  bank-note  paper 
brought  from  Baltimore  by  our  special  agents,  who  were  so 
expert  in  passing  the  Federal  picket  lines  that  they  kept  us 
supplied  not  only  with  bank-note  paper,  but  with  the  daily 
newspapers  from  all  the  northeastern  cities.  The  Herald, 
published  in  New  York  in  the  morning,  I  had  on  my  desk 
in  Richmond  the  next  morning,  not  for  a  day  or  so,  but  for 
weeks  at  a  time. 

Mr.  Thompson  Allan,  of  Georgia,  was  placed  in  charge  of 
the  Bureau  of  Engraving  and  Printing,  under  whose  careful 
supervision  it  remained  until  removed  to  Columbia,  South 
Carolina,  in  1863.  The  first  issues  were  of  one  hundred, 
fifty,  twenty,  and  ten-dollar  notes.  As  the  printing  had  to 
be  done  entirely  by  hand,  and  the  impression  taken  from 
more  than  one  stone,  the  "  money-mill,"  as  the  bureau  was 
facetiously  called,  was  very  slow  in  furnishing  the  desired 
notes.  It  was  manifest  at  the  outset  that  it  would  be  impos 
sible  for  the  Treasurer  and  Register  each  to  sign  the  im 
mense  number  of  bills  that  would  soon  be  waiting  their 
autographs  before  being  numbered  and  made  ready  for  issue 
To  meet  this  difficulty  such  of  the  gentlemen  in  the  depart 
ment  who  were  rapid  in  the  use  of  a  pen,  and  whose  signa 
tures  were  the  most  unique,  were  specially  detailed  and 
placed  in  charge  of  Mr.  John  Ott,  representing  the  Treasurer, 
and  Mr.  J.  C.  Thayer,  representing  the  Register.  It  was 
not  long  before  the  clerks  under  these -gentlemen,  signing, 
numbering,  assorting,  counting,  packing,  and  verifying 
"  Confederate  money,"  were  as  numerous,  and,  the  feminine 
division  of  them,  far  nioro  interesting  than  in  any  other 
branch  of  the  public  service. 

22 


338  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER.     • 

From  the  small  beginnings  at  Montgomery,  the  Treasury 
Department,  in  all  of  its  divisions  and  sub-divisions,  had  as 
sumed  proportions  far  beyond  all  expectations.  From  the 
unfurnished  room  I  had  entered  at  Montgomery,  the  day 
after  the  inauguration  of  President  Davis,  the  office  of  the 
Secretary  of  the  Treasury  at  Richmond  had  become  a  great 
center  to  which  many  subordinate  officers  were  reporting 
daily,  and  to  which  came  in  person  or  by  letters  the  bankers 
and  business  men  of  the  whole  South.  To  meet  promptly 
the  responsibilities  of  his  position  and  to  dispatch  the  rou 
tine  business  growing  more  voluminous  each  day,  Mr.  Mem- 
minger  adopted  at  an  early  day  a  systematic  order  of  arrange 
ment  to  which  he  adhered,  placing  on  duty  in  charge  of  di 
visions  gentlemen  whose  willing  spirits  and  efficient  service 
greatly  aided  him.  Mr.  Thompson  Allan  was  transfered 
from  the  Bureau  of  Engraving  and  Printing  and  placed  in 
charge  of  the  "  Tithing  or  Tax  Bureau,"  while  Mr.  J.  C. 
Thayer  and  James  Simons,  of  Charleston,  were  placed  in 
charge  of  the  "  Treasury  Note  Bureau.".  To  the  "  Cotton- 
Tax  Office "  was  assigned  Mr.  A.  Roan.  These  excellent 
gentlemen  brought  to  the  discharge  of  their  duties  the  care 
ful  attention  of  experienced  business  men,  and  were  of  great 
service  in  relieving  Mr.  Memminger  of  the  anxiety  he  had 
with  regard  to  the  rapid  and  efficient  discharge  of  the  duties 
entrusted  to  them.  The  clerks  of  the  departments  were  now 
numbered  by  hundreds,  and  more  than  one  building  besides 
the  Custom-House  was  necessary  for  their  accommodation 
and  the  conduct  of  the  business  of  the  several  bureaus  of  the 
department. 

Whatever  may  have  been  the  reasoning  that  influenced 
Congress  to  provide  at  the  outset  for  a  loan  of  only  fifteen 
millions  of  dollars,  as  being  sufficient  for  the  wants  of  the 
Confederacy,  it  became  apparent  after  the  inauguration  of 
Mr,  Lincoln  as  President  of  the  United  States,  that  a  much 
larger  amount  would  be  needed  to  meet  the  exigencies  of  a 


FINANCIAL  POLICY.  339 

war  whose  magnitude  the  most  sagacious  could  not  foresee. 
Accordingly  another  loan,  known  as  the  "  one  hundred  mil 
lion  loan,"  was  authorised  by  an  act  of  the  Confederate 
Congress,  called  the  "War  Tax  Act." 

Some  idea  may  be  formed  of  the  demands  made  on  the 
Treasury,  when  reference  is  made  to  the  reports  of  Secretary 
Memminger  appended  to  this  volume.  The  expenditures  of 
the  government  in  its  several  departments  had  reached,  on 
the  20th  of  November,  1SG1 — eight  months  from  the  inaug 
uration  of  Mr.  Davis — over  seventy  millions  of  dollars;  on 
the  14th  of  March,  1SG2,  to  over  one  hundred  and  sixty 
millions,  and  on  the  10th  of  January,  1863,  to  over  four  hun 
dred  and  forty  millions. 

To  provide  for  these  enormous  requisitions  Mr.  Memmin 
ger  had  his  financial  abilities  taxed,  as  but  few,  if  any  min 
isters  have  ever  had.  The  difficulties  surrounding  him 
have,  to  a  certain  extent,  been  referred  to.  The  reader  who 
will  examine  his  reports  with  care,  finds  these  difficulties 
clearly  stated  in  his  own  language,  but  he  can  scarcely  real 
ize  how  embarrasing  to  the  Secretary  was  the  absence  of  the 
necessary  machinery  to  execute  his  plans  or  to  provide  the 
bonds  and  the  treasury  notes  authorized  by  his  government. 
These  annoying  details,  once  arranged,  then  came  the 
further  tax  upon  his  mind  of  preserving  the  credit  of  the 
government  in  the  midst  of  a  war  which  was  constantly  in 
creasing  in  its  proportions,  and  was  exhausting,  day  after 
day,  the  resources  of  the  Confederacy. 

In  order  that  the  reader  may  have  a  clear  idea  of  the 
financial  system  adopted  by  the  Confederate  government,  I 
deem  it  advisable  to  give  a  brief  history  of  the  same,  which, 
in  connection  with  the  Secretary's  reports,  will  show  the 
plan  adopted  to  meet  the  enormous  expenses  incident  to  a 
great  war;  and  also  to  maintain  the  credit  of  a  Confederacy 
seeking  to  secure  a  place  among  the  nations  of  the  world. 


340  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

The  sources  of  income  to  all  governments  is  either  in  the 
revenues  from  custom  duties  or  that  derived  from  direct  tax 
ation.  Having  no  adequate  revenue  from  duties  on  imports 
or  exports,  and  the  proceeds  to  be  derived  from  a  direct  tax 
being  wholly  insufficient  to  meet  the  expenses  of  a  war,  re 
sort  was  had  to  loans  and  treasury  notes.  The  first  of  these 
loans  was  for  fifteen  millions  of  dollars,  to  run  for  ten  years, 
and  bearing  an  interest  of  eight  per  cent,  secured  by  an  export 
duty  of  one-eighth  of  a  cent  per  pound  on  cotton.  At  the 
same  time  thai  this  loan  was  authorized  an  issue  of  one  mil 
lion  dollars  in  treasury  notes  was  provided  for,  made  pay 
able  in  one  year,  and  bearing  interest  at  the  rate  of  3.65  per 
cent.  This  first  loan  was  successfully  negotiated,  at  par 
with  specie,  and  was  taken  chiefly  by  the  banks  and  com 
mercial  houses  of  the  Southern  cities.  As  the  war  enlarged 
its  proportions  a  demand  for  much  larger  sums  was  made, 
and  necessitated  another  issue  of  twenty  million  dollars  in 
treasury  notes  and  another  loan  of  thirty  million  dollars  in 
eight  per  cent,  bonds.  The  act  of  Congress  authorizing  this 
issue  of  treasury  notes,  was  passed  16th  May,  1861.  The 
holder  of  these  notes  had  the  right  to  fund  them  at  pleasure 
in  eight  per  cent,  bonds.  The  certainty  of  a  long  war  being 
evident,  and  its  dimensions  having  greatly  increased, 
another  loan  was  provided  for  by  act  of  Congress,  in  August, 
1861.  This  loan  was  for  one  hundred  millions  of  dollars, 
and  the  issue  of  treasury  notes  was  extended  to  one  hundred 
millions,  convertible,  as  before,  into  eight  per  cent,  bonds. 
In  order  to  provide  still  further  against  a  redundant  cur 
rency,  it  was  provided  that  the  holder  of  these  treasury  notes 
might  exchange  them  for  bonds  payable  in  ten  years  and 
bearing  seven  per  cent,  interest.  To  secure  the  payraent  of 
the  bonds,  principal  and  interest,  a  war  tax  of  one-half  of  one 
per  cent,  was  imposed  upon  the  chief  articles  of  property  in 
the  Confederacy.  It  was  at  this  time,  August,  1861,  that  in 
compliance  with  the  recommendation  of  the  Secretary,  treas- 


FINANCIAL  POLICY.  341 

ury  notes  were  made  receivable  for  the  war  tax  and  for  all 
public  dues  except  the  export  duty  on  cotton.  On  the  24th 
of  December,  1861,  a  further  issue  of  fifty  million  dollars  in 
treasury  notes  was  authorized.  Thus  it  will  be  seen,  that  as 
the  exigencies  of  the  war  increased  the  issue  of  treasury 
notes  were  rendered  necessary,  and  the  debt  of  the  govern 
ment  greatly  increased.  To  preserve  the  value  of  these  notes 
as  a  currency,  it  was  apparent  to  the  Secretary  that  provi 
sion  must  be  made  for  funding  them  in  bonds  bearing  a 
reasonable  interest,  and  maturing  at  a  long  time  in  the  fu 
ture.  In  discussing  the  several  plans  for  raising  money  to 
meet  the  expenses  of  the  government,  Mr.  Memminger,  in  his 
"Report  to  Congress,  March  14th,  1862, "  thus  refers  to 
treasury  notes: 

Experience  has  also  established  that  this  is  the  most  dangerous  of 
all  the  methods  for  raising  money.  The  danger  arises  from  the  fact  that, 
borrowing  money  in  this  form,  the  government  interferes  with  the 
measures  of  values.  The  amount  of  currency  usually  circulating  in  a 
country  forms  its  measure  of  value.  While  this  consists  of  gold  and  sil 
ver,  it  cannot  become  redundant,  because  any  excess  would  be  immedi 
ately  exported  to  other  countries.  But  when  a  currency  has  no  value, 
except  in  one  country,  this  security  against  excess  is  lost  and  every 
addition  becomes  permanent  circulation.  Every  money  value  must  re 
adjust  itself  to  this  increase,  and  the  result  is  that  to  obtain  a  compara 
tively  small  amount  of  money,  the  values  of  the  entire  property  of  a 
community  are  changed.  The  government,  in  time  of  war,  becomes  the 
greatest  sufferer.  Being  the  largest  purchaser  of  commodities,  it  buys  at 
the  inflated  prices,  which  it  has  itself  produced,  and  loses  more  in  its 
payments  than  the  amount  it  has  attempted  to  raise  by  its  currency. 
The  relations  of  debtor  and  creditor  are  disturbed  by  every  successive 
issue,  and  the  result  is  a  prostration  of  public  credit  and  private  confi 
dence.  The  facility  with  which  a  government  paper  currency  may  be 
issued  offers  strong  temptations  to  resort  to  it  at  difficult  times.  But 
the  disastrous  consequences,  which  have  always  attended  its  over-issue, 
warn  us  to  mark  with  the  greatest  care  the  boundaries  within  which  it 
should  be  confined. 

An  aversion  to  internal  taxation  was  manifested  so  de 
cidedly  among  the  people  that  when  Congress  assembled  in 
February,  1862,  it  was  discovered  that  the  enforcement  of 


342  LIFE  AND  TIMES  OF  C.  G.  MEMNINGEE. 

the  tax  laws,  enacted  at  a  previous  session,  had  to  a  large  ex 
tent  proven  a  failure. 

The  Secretary  of  the  Treasury  again  presented  this  matter 
to  the  attention  of  Congress,  urging  the  necessity  of  the  en 
forcement  of  the  collection  of  the  taxes,  and  also  recommend 
ing  another  mode  of  taxation  in  the  nature  of  the  old  tithing 
system,  levying  a  per  cent,  upon  all  products  needed  for  the 
supply  of  the  army.  This  was  subsequently  known  as  the 
"  Tax  in  Kind/'  He  recommended  still  another  expedient 
to  reduce  the  volume  of  the  currency  by  dispensing  with  the 
use  of  treasury  notes  as  much  as  possible  in  the  purchase  of 
produce,  and  using  bonds  in  exchange  for  all  articles  needed 
as  supplies  for  the  government.  This  was  known  as  the  "  Pro 
duce  Loan."  Every  effort  to  induce  the  holders  of  treasury- 
notes  to  fund  them  in  the  bonds  of  the  government  was 
made,  and  every  legitimate  device  used  by  the  Secretary  to 
dispense  with  their  use  in  meeting  the  expenses  of  the  gov 
ernment,  but  with  only  partial  success.  In  the  meanwhile 
the  exigencies  of  the  war  permitted  no  delay.  Money  of 
some  kind  must  be  had.  So  it  was  that  the  increase  in  the 
issue  of  treasury  notes  continued,  until  on  the  first  of  Janu 
ary,  1863,  the  currency  in  circulation  amounted  to  over  six 
hundred  millions  of  dollars,  or  to  more  than  three  times  the 
actual  amount  needed  for  the  business  of  the  country. 

The  effect  of  this  great  redundancy  in  the  currency  on 
the  general  business  interests  of  the  country  and  the  proper 
remedy  for  it,  is  all  clearly  set  forth  in  the  report  of  Mr. 
Memminger  and  his  recommendation  to  Congress  of  Janu 
ary  10,  1863.  To  remedy  the  evil,  the  Secretary  suggested 
that  a  period  of  limitation  for  the  funding  of  treasury  notes 
should  be  fixed,  and  after  the  lapse  of  this  time,  all  treas 
ury  notes  issued  prior  to  December  1,  1862,  should  cease  to 
be  currency.  This  plan,  if  it  had  been  successfully  exe 
cuted,  would  have  forced  the  funding  of  a  large  portion  of 
the  currency,  quite  sufficient  to  have  reduced  it,  in  the 


FINANCIAL  POLICY.  343 

opinion  of  the  Secretary,  to  one  hundred  and  fifty  millions 
of  dollars,  which  he  considered  the  extreme  limit  re 
quired  by  the  business  wants  of  the  country.  To  secure 
the  prompt  payment  of  the  interest  and  principal  of  the 
bonds  in  which  the  holders  of  treasury  notes  were  required 
to  invest,  the  Secretary  called  for  an  ample  and  permanent 
tax  which  he  states  is  the  "  corner-stone  of  the  whole  fabric.  .  . 
and  without  it  the  scheme  has  no  foundation,  and  secures  nei  • 
ther  public  confidence  nor  success."  It  was  just  at  this  vital 
point  in  the  whole  system,  as  recommended  by  the  Secre 
tary,  that  Congress  disagreed  with  him.  Influenced  more 
by  a  popular  clamor  against  the  imposition  of  taxes  than  by 
the  financial  logic  of  the  wise  Secretary,  Congress  failed  to 
provide  such  means  for  collecting  the  tax,  urged  by  the  Sec 
retary,  as  w^ere  effective.  Under  the  provisions  of  the  Con 
stitution  the  amount  required  to  be  raised  by  taxation  was 
to  be  divided  among  the  several  States,  and  a  pro-rata  assess 
ment  made  upon  each,  to  be  paid  to  the  general  government 
by  the  Governors  when  collected  by  the  officers  of  the 
States.  So  much  opposed  to  taxation  were  the  people  that 
of  the  assessments  made,  only  three  States — South  Caro 
lina,  Mississippi  and  Texas — collected  the  tax  from  the  peo 
ple  in  Confederate  treasury  notes  ;  the  other  States  paying 
theirs  in  State  treasury  notes,  and  thus  really  increasing, 
instead  of  diminishing,  the  general  public  debt. 

In  his  report  to  Congress,  December  7,  1863,  Mr.  Mem- 
minger  again  called  the  attention  of  Congress  to  the 
necessity  of  reducing  the  currency,  and  again  urged 
the  necessity  of  a  tax  to  assure  the  payment  of  the  in 
terest  on  the  bonds  in  which  the  treasury  notes  were 
to  be  funded.  The  delay  and  uncertainty  of  returns 
from  the  tax  act  of  February,  1863,  left  the  Secretary 
no  resource  but  to  continue  the  issue  of  treasury  notes  to 
meet  the  constantly  increasing  demands  of  the  government 
and  to  sustain  them  as  far  as  possible  by  funding  them  in 


344  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

bonds.  Referring  to  the  "  only  legitimate  source  of  supply, 
taxes  and  loans"  the  Secretary  clearly  shows  that  taxes  alone 
have  never  been  able  to  sustain  a  nation  engaged  in  a  great 
war  ;  that  loans  are  necessary  ;  but  in  order  to  maintain  the 
credit  on  which  these  loans  rest,  a  tax  must  be  levied  suffi 
cient  to  meet  the  interest  of  the  loan  "in  specie  or.  its  equivo- 
lent,  whenever  this  interest  becomes  due."  In  accord  with  the 
recommendations  made  in  his  report  17th  of  February, 
1864,  Congress  passed  an  act  authorizing  the  reduction  of 
the  currency  and  a  new  issue  of  bonds  and  treasury  notes. 
All  treasury  notes,  not  bearing  interest  and  above  the 
denomination  of  five  dollars,  were  made  fundable  in  regis 
tered  bonds  bearing  four  per  cent,  interest,  and  maturing  in 
twenty  years.  These  notes  were  to  be  offered  in  six  months 
or  thereafter  and  not  to  be  received  as  currency.  A  new 
issue  of  notes  was  authorized,  made  receivable  for  all  public 
dues,  except  customs,  at  the  rate  of  two  dollars  for  three  of 
the  old  issue.  This  new  issue,  intended  to  absorb  all  other 
issues  of  treasury  notes,  was  limited  to  two  hundred  mil 
lions  of  dollars,  and  the  faith  of  the  government  was  pledged 
not  to  increase  it  or  make  any  other  issue  of  treasury  notes. 
To  meet  the  expenses  of  the  government  an  issue  of  five 
hundred  millions  of  six  per  cent,  bonds  was  authorized,  and 
for  the  payment  of  the  interest  all  import  and  export  duties, 
payable  in  specie,  was  pledged.  The  provisions  of  the  act 
of  Congress  appears  to  have  had  the  effect  desired  by  the 
Secretary,  of  bringing  the  currency  within  the  limit  fixed 
by  him,  as  necessary  to  adjust  it  to  a  normal  standard  of 
values.  Referring  to  the  effect  of  this  act,  in  his  report  of 
May  2,  1864,  the  Secretary  says  :  "  The  financial  measures 
adopted  at  the  last  session  of  Congress  have  given  the 
country  a  new  starting  point.  The  currency  is  once  more 
brought  within  bounds  and  it  is  most  earnestly  urged 
upon  Congress  to  so  fence  around  those  bounds  that  they 
cannot  be  passed.  This  can  only  be  done  by  a  careful  re- 


FIN  A  NO  LA  L  POL  1C  Y.  345 

vision  of  every  appropriation,  and  by  admitting  only  such 
as  are  absolutely  necessary  ;  by  a  steady  refusal  to  increase 
the  volume  of  the  currency,  and  by  providing  sufficient 
other  means  to  meet  the  appropriations  which  shall  be 
made." 

The  "  sufficient  other  means  "  the  Secretary  found  in  taxa 
tion — the  "foundation  of  all  sources  of  supply,"  as  he  goes  on 
elaborately  to  show,  in  this  his  last  report  and  recommenda 
tion  to  Congress.  There  can  be  no  doubt  but  that  the  plans 
of  the  Secretary  were  wise,  and  that  the  expedients  he  re 
sorted  to  were,  under  the  circumstances,  the  best  pos 
sible  means  he  could  employ  to  keep  the  currency  of  the 
Confederate  States  in  a  proper  relation  to  the  universally 
recognized  standard  of  values  and  to  the  legitimate  business 
wants  of  the  country.  But  what  could  he  or  any  one  else, 
however  wise,  have  done  to  prevent  the  depreciation  of  a 
paper  currency,  unsupported  by  the  foundation  upon  which 
rests  all  credit;  a  certain  and  permanent  income  in  specie,  or 
its  equivalent,  adequate  to  pay  with  promptness  the  interest 
of  the  debt,  and  also  to  provide  for  a  sinking  fund  that  would 
in  time  discharge  the  principal? 

Notwithstanding  the  Secretary  had  urged  upon  Congress 
the  necessity  of  providing  this  fund  by  the  imposition  of  a 
tax  on  all  property  and  on  incomes,  his  recommendations 
were  not  acted  upon  in  the  manner  desired  by  him.  Provis 
ion  was  made  for  consolidating  the  debt  and  for  reducing  the 
volume  of  the  currency  to  the  limit  desired,  but  after  a  pro 
tracted  discussion  Congress  again  declined  to  make  the 
money  taxes  payable  alone  in  treasury  notes,  as  urged  by  the 
Secretary,  but  allowed  the  tax-payers  to  pay  their  taxes  in 
four  per  cent,  bonds,  or  certificates,  in  which  the  notes  had 
been  previously  funded.  Thus  it  was  that  the  only  certain 
means  of  keeping  the  currency  within  the  limit  prescribed 
in  the  act  was  defeated  by  its  own  provisions.  Referring  to 
this  in  his  report  to  Congress,  May  2,  1864,  the  Secretary 


34*8  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

says:  "  Payment  into  the  Treasury  of  treasury  notes  is  a  neces 
sary  instrument  to  their  proper  circulation.  Without  the 
aid  of  such  an  instrument  the  currency  of  the  notes  depends 
entirely  upon  consent.  They  are  deprived  of  one  of  the 
essential  elements  of  value — namely,  general  demand.  After 
demonstrating  the  necessity  for  making  the  taxes  payable  in 
treasury  notes,  the  Secretary  makes  an  argument  clearly 
showing  the  provisions  of  the  tax  act  of  Congress  to  be  in 
adequate  to  meet  the  objects  had  in  view  when  recommended 
by  him  in  a  previous  report.  He  shows  the  system  of  taxa 
tion  adopted  to  be  "  so  cumbersome  and  intricate  that  delay  and 
disappointment  will  be  its  inevitable  result"  He  urges  that 
another  tax  bill  be  framed  providing  "  a  simple  tax  on  prop 
erty  and  on  incomes  "  and  the  repeal  of  the  following  pro 
visions  in  the  objectionable  act: 

That  which  allows  the  value  of  the  tax,  in  kind,  to  be  deducted  from 
the  tax  of  five  per  cent,  on  agricultural  property. 

2.  That  which  repeals  the  income  tax  on  incomes  derived  from  prop 
erty  taxed  as  capital. 

3.  That  which  discriminates  as  to  the  date  at  which  assessments  are 
to  be  made. 

No  argument  could  be  made  .clearer  or  more  convincing 
than  that  to  be  found  in  the  Secretary's  report  urging  the 
repeal  of  this  tax  act  and  the  adoption  of  another  to  meet  the 
demands  of  the  government  and  to  support  its  credit.  In 
stead  of  aiding  him  to  keep  the  currency  within  the  limit 
prescribed,  the  act  was  in  itself  an  inseparable  barrier  to  the 
accomplishment  of  this  object  as  long,  as  it  permitted  taxes 
to  be  paid  with  certificates,  in  which  the  currency  had  been 
funded.  To  use  the  language  of  the  Secretary,  "This  pro 
vision  of  the  tax  bill,  instead  of  reducing  the  volume  of  the 
currency,  maintains  its  redundancy,  if  it  does  not  in  reality 
increase  it.  It  makes  the  whole  funding  system  a  mere  sham, 
and  gives  to  unmatured  bonds  the  functions  of  treasury 
notes/'  Nevertheless,  the  urgent  recommendations  of  the 


FINANCIAL  POLICY.  347 

Secretary  were  not  acted  upon  as  he  desired.  The  majority 
in  Congress  appear  to  have  been  seeking  more  to  maintain 
their  popularity  with  an  uninformed  constituency  by  yield 
ing  to  a  demand  for  more  money  than  to  conform  their  leg 
islation  to  well-established  principles  of  finance.  Failing 
again  to  secure  such  a  system  of  taxation  as  in  his  judgment 
was  essential  to  protect  the  credit  of  the  government,  discov 
ering  that  his  recommendations  were  either  ignored,  or  when 
acted  upon  were  so  changed  as  to  be  wholly  inadequate  to 
accomplish  the  ends  desired,  Mr.  Memminger  withdrew  from 
what  he  knew  to  be  a  hopeless  task,  and  resigned  the  burdens 
of  a  thankless  office. 

While  it  is  not  my  purpose  to  enter  into  an  argument  with 
the  object  in  view  of  vindicating  Mr.  Memminger  from 
charges  made  by  some  that  his  want  of  sagacity  and  proper 
administrative  ability  caused  the  unnecessary  depreciation 
of  Confederate  securities,  or  failed  to  provide  a  credit  in 
Europe,  which  was  either  offered  or  that  could  have  been 
secured  by  his  action,  the  legislation  of  the  Confederate 
Congress  and  Mr.  Memminger's  reports  to  that  body  are  his 
own  proper  and  complete  vindication. 

It  is  proper,  however,  for  me  to  call  attention  to  the  fact 
that  Mr.  Memminger  was  but  an  executive  officer. 

At  no  time  was  he  given  an  unlimited  authority  to  act  as 
his  judgment  alone  would  dictate  in  the  management  of  the 
Confederate  finances,  either  at  home  or  abroad.  On  the  con 
trary,  he  was  never  more  than  an  officer  executing  the  will 
of  Congress.  It  is  true  that  he  had  the  right  to  appear  be 
fore  that  body  and  advocate  his  recommendations,  and  to 
suggest  such  enactments  as  in  his  judgment  were  necessary, 
but  beyond  this  he  could  not  go.  The  financial  legislation 
of  Congress  was,  in  the  most  vital  points,  opposed  to  his 
judgment  and  contrary  to  his  often-repeated  and  strongly- 
urged  recommendations.  So  embarrassing  to  the  Secretary 
was  this  disagreement  with  the  law-making  power,  that  on 


348  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEU. 

more  than  one  occasion  he  made  this  the  reason,  in  commu 
nications  to  the  President,  why  he  desired  to  retire  from  the 
thankless  task  of  attempting  to  execute  what  were  to  him 
financial  absurdities  or  impossibilities.  Carlisle  says  that 
"  the  opinion  of  one  man  who  sees  a  thing  is  worth  more  than 
that  of  a  million  who  do  not  see  it."  Well  would  it  have 
been  for  the  Confederate  cause  if  the  Congress  had  simply 
followed  the  sound  and  carefully  digested  financial  plans  of 
the  Secretary,  instead  of  forcing  on  the  country  a  policy,  if 
such  it  may  be  called,  which  was  a  jumble,  resulting  from 
confusion  of  ideas,  and  at  best  but  a  compromise  between 
opposing  factions. 

In  this  connection  I  present  the  reply  of  Mr.  Memminger 
to  certain  strictures  made  on  his  administration  by  General 
Joseph  E.  Johnston,  and  the  comments  of  a  contributor  to 
the  Charleston  Courier,  who  is  supposed  to  have  been  Mr. 
Trenholm.  The  substance  of  General  Johnston's  charge  is 
that  the  failure  of  the  Confederate  cause  was  due  to  the  fail 
ure  of  its  finances;  that  the  government  failed  to  adopt  the 
true  financial  policy  which  was  easy  enough  to  see  and 
"  generally  understood  in  the  country!  "  Having  made  this 
very  remarkable  charge  the  General  proceeds  to  unfold  his 
plan  as  follows. 

The  government  was  organized  in  February,  and  he  states 
that  the  blockade  of  the  Southern  ports,  though  proclaimed 
in  May,  was  not  made  "  effective  "  until  the  end  of  the  fol 
lowing  winter — a  period  of  twelve  months — in  which  "it 
would  have  been  easy"  to  ship  and  to  convert  into  money 
four  or  five  million  bales  of  cotton,  etc. 

It  must  certainly  surprise  the  reader  when  he  looks  into 
this  grave  proposition  that  the  four  or  five  million  bales  of 
cotton  had  no  existence  except  in  the  fancy  of  the  General. 
The  total  crop  of  1860-'61  was  officially  reported  at  3,849,- 
000  bales.  Of  this  3,000,000  bales  had  been  exported  up  to 
February,  the  month  when  the  Confederate  government  was 


FINANCIAL  POLICY.  349 

organized;  and  600,000  bales  in  the  hands  of  the  New  Eng 
land  spinners,  the  seed  for  the  next  crop  (1861-'62)  not  be 
ing  yet  in  the  ground.  It  is  needless  to  examine  into  the 
merits  of  this  scheme  any  further.  Granting  that  the  cotton 
did  exist  in  the  Southern  States,  it  would  have  been  impos 
sible,  as  Mr.  Memminger  clearly  shows,  to  have  shipped  any 
large  quantity  of  it.  So  that  the  whole  charge  of  failure  of 
the  financial  policy  by  General  Johnston  resolves  itself  into 
a  fleet  of  phantom  ships  loaded  with  phantom  cotton.  This 
singular  charge  has  only  been  noticed  on  account  of  the 
high  source  from  which  it  emanates,  and  because  of  the  cur 
rency  which  the  idea  has  obtained  among  a  class  of  critics. 
The  following  answer  to  General  Johnston's  criticism  ap 
peared  in  the  Charleston  Courier,  March  28,  1874  : 

CHARLESTON,  March  27, 1874. 
To  the  Editor  of  the  News  and  Courier: 

I  observe  by  your  paper  of  yesterday,  which  extracts  a  passage  from 
General  Johnston's  book,  that  he  follows  the  ancient  example  of  our 
forefather  Adam,  in  casting  the  fault  of  a  general  calamity  on  some 
other  person.  He  attributes  the  failure  of  the  Southern  Confederacy  to 
the  blunder  of  the  government,  at  its  first  institution,  in  not  possessing 
itself  of  the  cotton  crop  then  in  the  hands  of  the  planters.  This  cotton 
(according  to  the  General)  should  have  been  shipped  in  anticipation  of 
the  blockade,  and  it  would  then  have  furnished  a  basis  for  future  credit. 
As  I  was  at  that  time  in  charge  of  the  Treasury  Department,  the  respon 
sibility  of  this  failure  would  rest  chiefly  on  me;  and  you  will  therefore 
not  consider  it  out  of  place  that  I  should  correct  misapprehensions 
which  seem  to  have  misled  yourself  as  well  as  General  Johnston. 

The  Confederate  government  was  organized  in  February,  the  block 
ade  was  .instituted  in  May,  thus  leaving  a  period  of  three  months  in 
which  the  whole  cotton  crop  on  hand,  say  four  millions  of  bales,  ought, 
according  to  the  military  financier,  to  have  been  got  into  the  hands  of 
the  Confederate  government,  and  to  have  been  shipped  abroad.  This 
would  have  required  a  fleet  of  four  thousand  ships,  allowing  one  thous 
and  bales  to  the  ship.  Where  would  these  vessels  have  been  procured 
in  the  face  of  the  notification  of  the  blockade?  and  was  not  as  much  of 
the  cotton  shipped  by  private  enterprise  as  could  have  been  shipped  by 
the  government?  When  so  shipped,  the  proceeds  of  the  sale  were  in 
most  cases  sold  to  the  government  in  the  shape  of  bills  of  exchange. 


350  LIFE  AND  TIMES  OF  C.  G.  MEHMIXGER. 

The  superior  advantage  of  this  plan  is  evinced  by  the  fact  that,  through 
out  the  year,  the  government  exchanged  its  own  notes  for  bills  on  Eng 
land  at  par,  with  which  it  paid  for  all  its  arms  and  munitions  of  war. 

Of  course  this  vast  amount  of  cotton  could  only  have  been  procured 
in  one  of  three  ways — by  seizure,  by  purchase  or  by  donation. 

Certainly  no  one,  at  the  first  inception  of  the  Confederacy,  would 
have  ventured  to  propose  to  seize  upon  the  crop  then  in  the  hands  of 
the  planters,  and  which  furnished  their  only  means  of  subsistence. 

Could  it  not,  then,  have  been  purchased? 

At  the  commencement  of  the  government  the  Treasury  had  not  funds 
to  pay  for  the  table  on  which  the  Secretary  was  writing;  and  the  first 
purchases  of  the  government  made  abroad  were  made  on  the  private 
draft  of  the  Secretary.  There  was  not  to  be  found,  in  the  whole  Confed 
eracy,  a  sheet  of  bank-note  paper  on  which  to  print  a  note.  Forecasting 
this  need,  the  Secretary  had  ordered  from  England  a  consignment  .of 
note  paper  and  lithographic  materials,  the  vessel  containing  which  was 
captured  on  the  high  seas;  and  many  of  the  friends  of  the  late  Colonel 
Evans,  of  our  city,  will  remember  that  he  nearly  lost  his  life  in  the  at 
tempt  to  bring  across  the  lines  a  single  parcel  of  note  paper.  It  is  within 
the  memory  of  the  printers  of  these  notes,  that  months  elapsed  before 
bonds  or  notes  could  be  engraved  and  printed;  and  these  constituted 
our  entire  currency.  How,  then,  was  the  cotton  to  be  paid  for? 

And  when  the  mechanical  difficulties  were  overcome,  the  financial 
presented  an  equal  barrier.  The  scheme  for  raising  money,  adopted  by 
Congress,  was  to  issue  Confederate  notes,  funding  the  redundant  notes 
in  interest-bearing  bonds ;  and  all  payments  at  the  treasury  were  made 
with  these  notes.  The  daily  demands  on  the  Treasury  exceeded  greatly 
the  means  of  supply.  Now,  if  instead  of  applying  the  notes  to  the  daily 
payments  required  at  the  Treasury  they  had  been  used  to  purchase  cot 
ton,  the  Treasury  would  have  found  itself  filled  with  cotton,  without  any 
money  to  meet  the  wants  of  the  government  until  that  cotton  could  be 
shipped  abroad  and  sold. 

If  instead  of  payment  in  notes  the  bonds  of  the  government  had  been 
used  to  purchase  the  cotton  crop,  those  bonds  would  have  been  thrown 
in  the  market  to  meet  the  necessities  of  the  planters,  and  their  value  as 
a  means  of  funding  the  surplus  currency  would  have  been  destroyed. 
It  is  obvious  to  any  one  acquainted  with  finance  that  this  would  have 
broken  down  the  Confederate  currency  within  the  first  year  of  its  exist 
ence,  whereas  the  plan  pursued  sustained  the  credit  of  the  Confede 
racy  until  broken  down  under  calamities  by  which  no  credit  could  sur 
vive. 

The  only  remaining  mode  in  which  the  cotton  could  have  been  pro 
cured  by  the  government  was  by  donation  from  the  planters.  So  far 
was  this  donation  from  being  possible  that  the  Treasury  actually  had  to 


FINANCIAL  POLICY.  351 

issue  a  circular  in  response  to  applications  to  the  government  for  aid  to 
the  planters  in  making  loans  to  them,  and  not  a  bale  of  the  crop  of  that 
year  was  contributed  to  the  government.  An  effort  was  made  to  get 
pledges  of  the  next  year's  crop  in  exchange  for  bonds  of  the  govern 
ment.  To  accomplish  this  it  was  deemed  necessary  to  allow  the  plant 
ers  to  get  their  own  price  through  their  own  factors  without  allowing  the 
government  to  fix  its  price,  and  the  whole  amount  thus  pledged  did 
not  reach  fifty  millions,  or  about  two  months'  expenses  of  the  govern 
ment,  of  which  perhaps  one-third  was  never  received. 

Every  one  conversant  with  the  politics  of  the  day  knows  that  it  was 
the  current  expectation  that  the  blockade  could  not  be  continued  for  a 
year.  The  Confederate  Congress  were  so  informed  when  they  adopted 
the  international  agreement  as  to  privateers.  The  government  of  the 
United  States  equally  supposed  that  the  war  would  be  of  short  dura 
tion,  as  is  apparent  from  President  Lincoln's  proclamation  calling  for 
troops  for  ninety  days.  There  could  therefore  be  no  motive  to  induce 
the  Confederate  government  to  store  up  cotton  as  a  basis  of  credit. 
When  it  became  apparent  that  the  blockade  and  the  war  would  con 
tinue  the  government  then  made  arrangements  for  using  cotton  as  the 
basis  of  a  loan ;  and  the  large  foreign  cotton  loan  negotiated  in  Europe 
by  Messrs.  Erlanger  furnished  abundant  resources  to  the  government 
for  its  supplies  from  abroad.  But  even  to  the  last  its  power  over  the 
crop  was  restricted  by  the  large  quantities  held  in  private  hands  which 
could  not  be  purchased  at  all.  At  no  time  that  I  am  aware  of  was  it  in 
the  power  of  the  government  to  get  possession  of  the  cotton  crop,  unless 
it  had  seized  the  same  by  force,  and  by  the  same  force  compelled  pay 
ment  in  a  depreciated  currency;  a  high-handed  course  which  could 
never  receive  the  sanction  of  the  statesmen  who  administered  our  gov 
ernment  The  only  approximation  to  it  was  in  the  shape  of  a  tax  in 
kind  when  the  currency  failed  to  command  supplies,  and  which  was 
made  as  just  and  equal  as  any  other  tax. 

The  truth  is,  that  if  General  Johnston's  recollections  of  history  were 
as  vivid  as  his  knowledge  of  military  tactics  is  great,  instead  of  censur 
ing  the  financial  administration  of  the  Confederate  government,  he 
would  have  discovered  no  instance  on  record  where  a  war  of  such  di 
mensions,  in  a  constantly  decreasing  territory,  has  been  sustained  for 
four  years  by  mere  financial  expedients,  without  the  aid  usually  derived 
from  taxes — for  in  the  whole  Confederate  war  but  one  general  war  tax 
was  levied,  and  a  great  portion  of  that  was  never  collected. 

C.  G.  MEMMINGER. 

I  append,  as  part  of  the  history  of  the  times,  one  of  the 
circulars  of  the  Treasury  Department  on  this  subject. 


352  LIFE  AND  TIMES  OF  (7.  G.  MEMMINGER. 

CONFEDERATE  STATES  OF  AMERICA,  TREASURY  DEPARTMENT, 

EICHMOND,  October  15, 1861. 

The  Commissioners  Appointed  to  receive  Subscriptions  to  the  Produce  Loan: 
GENTLEMEN, — Inquiries  have  been  made  from  various  quarters — 

1.  Whether  during  the  continuance  of  the  blockade,  effort  should  be 
made  to  procure  further  subscriptions. 

2.  Whether  the  government  will  authorize  promises  to  be  held  out  of 
aid  to  the  planters,  as  an  inducement  to  such  for  further  subscriptions. 

The  first  inquiry  seems  to  imply  a  misunderstanding  of  the  scheme 
of  the  subscriptions.  Many  persons  have  supposed  that  the  govern 
ment  was  to  have  some  control  of  the  produce  itself;  others  that  the 
time  of  sale  appointed  by  the  subscription  was  to  be  absolute  and 
unconditional.  The  caption  at  the  head  of  the  lists,  when  examined, 
will  correct  both  these  errors.  The  subscription  is  confined  to  the  pro 
ceeds  of  sales,  and  contains  an  order  on  the  commission  merchant  or 
factor  of  the  planter  to  pay  over  to  the  treasurer  the  amount  sub 
scribed,  in  exchange  for  Confederate  bonds.  The  transaction  is  simply  s 
an  agreement  by  the  planter  to  lend  the  government  so  much  money; 
and,  in  order  to  complete  the  transaction,  a  time  and  place  are  ap 
pointed  when  and  where  the  parties  may  meet  to  carry  it  out.  The  im 
portant  point  is,  that  it  shall  certainly  be  completed  at  some  time,  and 
that  is  secured  by  the  engagement  of  the  planter.  Whether  that  time 
be  December  or  June  is  simply  a  question  of  convenience,  and  works  no 
injury  to  either  party.  The  government  is  sure  of  the  eventual  pay 
ment,  and  derives  from  that  certainty  so  much  credit ;  and  it  loses  noth 
ing,  because  it  gives  its  bond  only  when  the  money  is  paid. 

It  is  obvious,  therefore,  that  the  subscriptions  are  quite  as  valuable  to 
the  government  during  the  blockade  as  after  it.  The  blockade  simply 
suspends  the  completion  of  the  engagement.  It  becomes  the  interest  of 
both  parties  to  wait  for  a  good  price,  and  the  government  will  readily 
consent  to  a  postponement  of  the  sale. 

You  perceive,  therefore,  that  it  is  desirable  to  continue  your  exertions 
to  increase  the  subscriptions,  and  you  are  authorized  to  say  that  the 
government  will  consent  to  a  reasonable  extension  of  the  time  appointed 
for  sales. 

2.  The  next  inquiry  is  as  to  a  promise  of  material  aid  from  the  govern 
ment  to  the  planters. 

In  answering  this  inquiry  I  am  to  speak  in  advance  of  any  action  of 
Congress.  What  that  body  may  see  fit  to  do,  it  is  not  for  me  to  deter 
mine.  I  can  express  merely  the  views  of  this  department,  and  these 
must  govern  your  action  until  reversed  by  a  higher  authority.  It  would 
be  a  sufficient  answer  to  the  inquiry  to  say  that  the  action  of  the  govern 
ment  is  settled  by  the  Constitution.  No  power  is  granted  to  any  depart 
ment  to  lend  money  for  the  relief  of  any  interest.  Even  the  power  of 


FINANCIAL  POLICY.  353 

Congress  in  relation  to  money  is  confined  to  borrowing,  and  no  clause  can 
be  found  which  would  sanction  so  stupendous  a  scheme  as  purchasing  the 
entire  crop  with  a  view  to  aid  its  owners.  But  it  may  be  said  that  the 
Constitution  of  the  Provisional  government  may  be  altered  by  Congress, 
and  that  it  is  the  duty  of  this  department  to  prepare  the  way  for  such 
alteration,  if  in  its  judgment  the  financial  necessities  of  the  country  de 
mand  the  change. 

I  am  not  disposed,  then,  to  close  the  inquiry  with  the  abrupt  answer 
thus  made  by  the  Constitution,  and  will  proceed  to  consider  the  subject 
upon  its  intrinsic  merits. 

Two  plans  of  relief  have  been  proposed.  The  one  is  that  the  govern 
ment  should  purchase  the  entire  crop  of  the  country ;  the-other  that  an 
advance  should  be  made  of  part  of  its  value.  In  either  case  the  payment 
is  to  be  made  by  the  issue  of  treasury  notes,  and,  therefore,  if  we  put 
aside  for  the  present  the  many  and  serious  objections  to  the  possession, 
transportation  and  management  of  the  crop  by  the  government,  it  be* 
comes  simply  a  question  of  amount.  To  purchase  the  whole  crop  would 
require  its  whole  value,  less  the  amount  of  the  subscriptions  made  to  the 
government.  If  we  estimate  the  whole  crop  of  cotton  at  two  hundred 
millions  and  the  subscriptions  at  fifty  millions,  the  purchase  would  then 
require  one  hundred  and  fifty  millions  of  treasury  notes,  and,  if  to  this 
sum  be  added  the  amount  of  values  for  other  agricultural  products, 
which  would  certainly  claim  the  same  benefit,  the  sum  required  would 
probably  reach  one  hundred  and  seventy-five  millions. 

The  amount  called  for  by  the  other  plan  of  making  an  advance  would 
depend  upon  the  proportion  of  that  advance.  Few  of  the  advocates  of 
this  plan  have  put  it  lower  than  five  cents  per  pound  on  cotton,  and  at 
the  same  rate  on  other  produce.  It  may,  therefore,  be  very  fairly  set 
down  at  about  one  hundred  millions. 

If  we  consider  first,  the  least  objectionable  of  these  plans,  it  is  cer 
tainly  that  which  requires  ^the  smallest  sum ;  and  if  this  be  found  im 
practicable,  the  larger  must  of  necessity  be  rejected.  Our  inquiry,  then, 
may  be  narrowed  down  to  a  proposal  that  the  government  should  issue 
one  hundred  millions  of  treasury  notes,  to  be  distributed  among  the 
planting  community  upon  the  pledge  of  the  forthcoming  crop. 

The  first  remarkable  feature  in  this  scheme  is  that  it  proposes  that  a 
new  government,  yet  struggling  for  existence,  should  reject  all  the  les 
sons  of  experience  and  undertake  that  which  no  government,  however 
long  established,  has  yet  succeeded  in  effecting.  The  "  organization  of 
labor"  has  called  forth  many  ingenious  attempts,  both  speculative  and 
practical,  among  well-established  governments,  but  always  with  disas 
trous  failure.  With  us,  however,  the  experiment  is  proposed  to  a  new 
government,  which  is  engaged  in  a  gigantic  war,  and  which  must  rely 
on  credit  to  furnish  means  to  carry  on  that  war.  Our  enemies  are  in 


354  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

possession  of  all  the  munitions  and  workshops  which  hav&  been  collected 
daring  forty-five  years  of  peace— their  fleets  have  been  built  up  at  our 
joint  expense.  With  all  these  on  hand,  they  yet  are  obliged  to  expend 
nearly  ten  millions  of  dollars  per  week  to  carry  on  the  war.  Can  we  ex 
pect  to  contend  with  them  at  less  than  half  that  expenditure?  Suppos 
ing  that  it  may  require  two  hundred  millions  of  dollars ;  then  the  pro 
posal  is  that  at  a  time  when  we  are  called  upon  to  raise  this  large  sum 
for  the  support  of  the  government,  we  shall  raise  a  further  sum  of  one 
hundred  millions  for  the  benefit  of  the  planting  interest. 

For  it  must  be  observed,  first,  that  the  government  receives  no  bene 
fit  whatever  from  this  advance.  The  money  is  paid  to  each  individual 
planter,  and  in  exchange  the  government  receives  only  his  bond  or 
note — or,  if  the  cotton  be  purchased,  the  government  receives  only  cer 
tain  bales  of  cotton.  That  is  to  say,  the  government  pays  out  money 
which  is  needful  to  its  very  existence,  and  receives  in  exchange  planters' 
notes  or  produce,  which  it  does  not  need  and  cannot  in  any  way  make  use 
of.  It  mast  be  observed,  in  the  next  place,  that  treasury  notes  have  now 
become  the  currency  of  the  country.  They  are,  therefore,  at  present 
the  measures  of  value.  In  this  view  it  is  the  duty  of  the  government  to 
limit  their  issue,  as  far  as  practicable,  to  that  amount  which  is  the  limit 
of  its  currency.  Every  person  acquainted  with  this  branch  of  political 
science,  is  aware  that  if  the  currency  passes  this  point  it  not  only  be^ 
comes  depreciated,  but  it  disturbs  the  just  relations  of  society  precisely 
as  th'ough  an  arbitrary  authority  should  change  the  weights  and  meas~ 
ures  of  the  country.  If  the  currency  of  a  country  should  be  suddenly 
extended  from  one  hundred  to  two  hundred  millions  of  dollars,  that 
which  was  measured  by  one  dollar  is  now  measured  by  two,  and  every 
article  must  be  rated  at  twice  its  former  price.  Of  course  all  con 
tracts  are  disturbed.  The  debt  incurred  before  the  increase  is  discharged 
by  paying  one-half  its  former  value ;  and  each  article  purchased  must 
be  paid  for  at  double  its  former  price.  The»government  from  the  neces 
sities  of  war,  is  the  largest  purchaser,  and  thus,  by  a  kind  of  suicidal 
act,  compels  itself  to  pay  two  dollars  for  what  one  would  have  formerly 
purchased.  And  at  this  rate  of  advance,  two  hundred  millions  of  dol 
lars  can  effect  no  more  than  one  hundred  millions  of  dollars  would  have 
effected  before ;  or,  in  other  words,  one  hundred  millions  of  dollars  are 
actually  sunk  in  the  operation. 

Such  a  condition  of  the  currency  the  government  has  anxiously  en-1 
deavored  to  guard  against.  The  war  tax  was  laid  for  the  purpose  of 
creating  a  demand  for  treasury  notes,  and  a  security  for  their  redemp 
tion.  The  redundancy  has  been  carefully  guarded  against  by  allowing 
them  to  be  funded  in  eight  per  cent,  bonds.  If  necessity  shall  compel 
the  government  to  issue  for  the  defense  of  the  country  and  to  keep  out 
two  hundred  millions,  it  is  plain  that  every  accession  must  impair  and 
may  defeat  all  these  precautions. 


FINANCIAL  POLICY.  355 

If  the  government  should  undertake  for  the  sake  of  private  interest 
so  large  an  increase  of  issues  it  may  hazard  its  entire  credit  and  stability. 
The  experiment  is  too  dangerous,  and  relief  for  the  planters  must  be 
sought  in  some  other  direction.  And  may  not  the  remedy  be  found  ? 

In  the  first  place  let  the  planters  immediately  take  measures  for 
winter  crops  to  relieve  the  demand  for  grain  and  provisions.  Let  them 
proceed  to  divert  part  of  their  labor  from  cotton  and  make  their  own 
clothing  and  supplies.  Then  let  them  apply  to  the  great  resource  pre 
sented  by  the  money  capital  in  banks  and  private  hands.  Let  this  capi 
tal  come  forward  and  assist  the  agricultural  interest.  Heretofore  the 
banks  have  employed  a  large  part  of  their  capital  in  the  purchase  of 
Northern  exchange.  Let  them  apply  this  portion  to  factors'  acceptances 
of  planters'  drafts  secured  by  the  pledge  of  the  produce  in  the  planters' 
hands.  An  extension  of  the  time  usually  allowed  on  these  drafts  would 
overcome  most  of  the  difficulties.  The  ex-tension  could  safely  reach  the 
probable  time  of  sale  of  the  crops,  inasmuch  as  the  suspension  of  specie 
payments  throughout  the  entire  Confederacy  relieves  each  bank  from 
calls  for  coin.  The  banks  are  accustomed  to  manage  loans  of  this  char 
acter,  and  will  conduct  the  operation  with  such  skill  as  will  make  them 
mutually  advantageous.  The  amount  of  advance  asked  from  the  banks 
\vould  be  greatly  less  than  if  advances  were  offered  by  the  government; 
and  all  the  abuses  incident  to  government  agencies  would  be  avoided. 

It  seems  to  me,  therefore,  that  it  is  neither  necessary  nor  expedient 
that  the  government  should  embark  upon  this  dangerous  experiment. 
It  is  far  better  that  each  class  of  the  community  should  endeavor  to 
secure  its  own  existence  by  its  own  exertions,  and  if  an  effort  be  at  once 
made  by  so  intelligent  a  class  as  the  planters,  it  will  result  in  relief. 
Delay  in  these  efforts  occasioned  by  vague  expectations  of  relief  from 
the  government,  which  cannot  be  realized,  may  defeat  that  which  is  yet 
practicable. 

Respectfully,  your  obedient  servant, 

C.  G.  MEMMINGER, 
Secretary  of  the  Treasury. 

A  contributor  to  the  Charleston  Courier,  of  the  same  date 
from  which  I  extract  the  foregoing,  presents  a  statement 
which  I  append  to  the  answer  of  Mr.  Memminger  as  conclu 
sive  on  the  point  made  by  General  Johnston. 

To  the  Editor  of  the  News  and  Courier: 

The  News  and  Courier,  quoting  from  the  forthcoming  work  of  Gen 
eral  Johnston,  gives  us  the  views  of  the  author  as  to  the  cause  of  our 
failure.  Those  who  ascribed  it  "  to  the  superior  population  and  greater 
resources  of  the  Northern  States,"  and  those  who  attributed  our  defeat  to 


356  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

"  a  want  of  perseverance,  unanimity  and  even  of  loyalty  on  our  own  part, 
"  are,  in  my  view,"  says  the  General,  "  both  far  wrong."  We  are  inclined 
to  believe  there  is  now  a  third  party  "wrong."  The  Confederate  gov 
ernment,  the  General  thinks,  had  the  means  of  filling  its  treasury,  but 
the  "  government  rejected  those  means."  The  necessity  of  actual  money 
in  the  treasury,  and  the  mode  of  raising  it,  were  generally  understood 
in  the  country.  It  was  that  the  government  should  take  the  cotton 
from  the  owners  and  send  it  to  Europe  as  fast  as  possible,  to  be  sold 
there.  This  was  easily  practicable,  for  the  owners  were  ready  to  accept 
any  terms  the  government  might  fix,  and  sending  to  Europe  was  easy 
in  all  the  first  year  of  the  Confederacy's  existence.  Its  government 
went  into  operation  early  in  February.  The  blockade  of  the  Southern 
ports  were  proclaimed  in  May,  but  was  not  at  all  effective  until  the  end 
of  the  following  winter,  so  that  there  was  a  period  of  about  twelve 
months  for  the  operation  of  converting  four  million  or  five  million  bales 
of  cotton  in  money.  The  sum  raised  in  that  way  would  have  enabled 
the  War  Department  to  procure  at  once  arms  enough  for  five  hundred 
thousand  men;  and  after  that  the  Confederate  Treasury  would  have 
been  much  richer  than  that  of  the  United  States." 

Let  us  examine  the  facts  upon  which  this  theory  rests,  and  without 
the  support  of  which  it  must  necessarily  fall  to  the  ground.  The  crop 
of  cotton  available  for  this  scheme  must  necessarily  have  been  that  of 
1860-61.  It  could  not  have  been  the  crop  of  which  the  seed  wras  not  yet 
put  in  the  ground  when  the  government  was  formed  in  Montgomery. 
What-  was  then  the  crop  of  18GO-61  ?  Was  it  4,000,000  to  5,000,000  bales, 
and  was  it  accessible  for  immediate  exportation  ? 

The  crop  of  1860-61  was  officially  stated  at  3,849,000  bales.  Of  this 
quantity  the  consumption  of  the  Southern  States  took  off  193,000  bales. 
Leaving  for  exportation  3,656,000  bales. 

Let  us  now  see  what  proportion  of  this  quantity  was  available  in  the 
way  described  by  General  Johnston. 

Up  to  the  28th  of  February,  the  month  that  gave  birth  to  the  infant 
government,  3,000,000  bales  had  been  received  at  the  seaports,  and  the 
^reat  bulk  of  it  had  been  exported  to  Europe  or  been  sold  to  the  New 
England  spinners.  By  the  1st  of  May  586,900  bales  more  had  been  re 
ceived  and  sold.  England  and  the  Continent  took  3,127,000  bales.  The 
New  England  spinners  654,000  bales. 

It  will  thus  be  seen  that  before  the  new  government  was  fairly  or 
ganized,  the  entire  crop  was  already  beyond  its  reach.  Another  crop 
followed,  it  is  true,  but  no  part  of  it  was  ready  for  market  before  the 
month  of  September  ensuing.  This  all  will  agree  in ;  and  they  will  also 
agree  that  exportation  in  any  quantity  was  an  absolute  impossibility. 
There  were  no  vessels  in  the  ports  of  the  Confederacy;  the  last  had  left 
before  the  expiration  of  the  sixty  days  allowed  to  foreign  tonnage  under 
the  blockade  proclamation.  The  only  vessels  that  took  out  cotton  after 


FINANCIAL  POLICY.  357 

that  time  were  the  foreign  steamers  that  ran  the  blockade  to  procure 
cargoes  of  cotton  for  the  owners.  They  came  in  small  numbers,  and 
one  or  two  at  a  time.  Had  the  government  seized  one  of  them  for  its 
own  use,  or  prevented  them  from  leaving  with  cotton,  they  would  have 
ceased  to  come.  T. 

Thus  we  readily  perceive  with  what  facility  a  theory  can 
be  established  upon  mere  conjectures,  and  how  quickly  it 
vanishes  before  the  statement  of  real  facts. 

For  sometime  there  has  been  a  statement  circulated 
among  the  critics  which,  in  substance,  amounts  to  charging 
Mr.  Memminger  with  a  failure  to  increase  the  credits  of  the 
Confederate  Treasury  in  Europe,  when  the  opportunity  was 
offered  him  to  do  so  by  Baron  Erlanger,  a  prominent  banker 
of  Paris.  Ascertaining  that  this  statement  originated  with 
Mr.  James  G.  Gibbes,  of  Columbia,  South  Carolina,  I  called 
upon  him,  and  in  reply  to  my  inquiry,  received  'the  follow 
ing  letter,  which  distinctly  sets  forth  the  charge  and  names 
the  author: 

COLUMBIA,  S.  C.,  July  4,  1892. 
Colonel  Henry  D.  Capers: 

DEAR  SIR, — In  reply  to  your  request  for  information  with  regard  to 
the  sale  of  Confederate  securities,  I  would  say  that  I  was  sent  to  Europe 
in  December,  1862,  by  the  Treasury  Department  of  the  Confederate 
States,  then  under  the  control  of  Mr.  Memminger,  to  assist  Mr.  James 
Spence,  Financial  Agent,  in  disposing  of  $15.000,000  of  Confederate 
bonds,  known  as  "  Cotton  Loan  Bonds."  These  bonds  being  redeemable 
at  the  expiration  of  six  months  after  the  termination  of  the  war — at  the 
option  of  the  holder  either  in  cotton  at  sixpence  a  pound,  or  in  specie. 
The  bonds  were  taken  over  by  me.  After  several  weeks  of  negotiation 
we  found  Erlange'r  &  Co.,  of  Frankfort  and  Paris,  more  disposed  to  aid 
us  than  any  other  important  house.  When  Erlanger  found,  however, 
that  the  amount  of  the  proposed  loan  was  limited  to  $15,000,000  he  was 
very  urgent  to  extend  it  to  a  very  much  larger  amount ;  very  properly 
taking  the  ground  of  the  great  benefits  that  would  accrue  to  the  Con 
federate  cause  by  enlisting  European  capital  in  their  success.  The  in 
structions,  however,  being  positive,  neither  Mr.  Spence  or  myself  had 
any  power  to  increase  the  amount  proposed  for  negotiation.  Mr.  Erlan 
ger  was  so  decided  in  his  views  on  the  matter  that  he  determined  to  go 
to  Richmond  and  see  the  Confederate  authorities  on  the  subject,  which 
he  did,  but  returned  having  utterly  failed  in  inducing  any  increase  of 


358  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

the  proposed  loan ;  Mr.  Memminger  emphatically  declaring  that  $15,- 
000,000  would  cpver  all  that  was  then  actually  needed.  Mr.  Erlangef 
returned  to  Paris  about  the  middle  of  February,  1863,  supremely  dis 
gusted  at  his  failure  to  convince  our  authorities  of  the  importance  of 
interesting  European  capital  in  our  cause.  It  was  at  last  arranged  that 
Erlanger  would  take  the  bonds  at  ninety-five  cents.  Pie  then  adver 
tised  for  proposals  for  the  loan,  to  be  received  up  to  March  1st,  1863,  no 
bids  to  be  considered  less  than  ninety-five  cents.  On  opening  the  bids 
it  was  found  that  the  aggregate  bid  amounted  to  £105,000,000,  or  $525,- 
000,000,  at  prices  from  ninety-five  cents  to  par,  mostly  about  ninety-seven 
cents,  which  gave  a  clear  profit  of  from  five  to  seven  cents  on  the  dollar 
to  the  firm  of  Erlanger  &  Co. 

Comment  is  unnecessary.  If  the  Confederate  authorities  had  secured 
this  large  amount  of  French,  English  and  German  capital  in  their  cause 
there  is  no  earthly  doubt  but  that  their  efforts  would  have  forced  a  rec 
ognition  of  the  Confederacy  and  brought  about  a  peaceable  solution  of 
affairs. 

It  has  been  a  matter  of  surprise  to  me  that  so  little  has  been  said  of 
the  facts  of  this  matter.  A  few  years  ago  Mr.  Barnwell  Rhett,  now  of 
Pluntsville,  Alabama,  applied  to  me  for  the  details,  but  I  do  not  know  if 
he  has  ever  published  them. 

Mr.  Erlanger  informed  me  that  after  his  interview  with  Mr.  Memmin 
ger,  the  Secretary  of  the  Treasury,  he  tried  to  induce  President  Davis  to 
use  his  influence  in  the  matter.  Mr.  Erlanger  told  me  that  President 
Davis  was  indisposed  to  take  any  positive  action  in  the  matter,  as  he  en 
trusted  the  whole  matter  to  the  Secretary  of  the  Treasury,  but  that  he 
privately  agreed  with  his  views,  and  thought  that  it  would  be  a  great  ad 
vantage  to  extend  the  loan  as  much  as  possible. 

(Signed)  Yours,  very  respectfully, 

JAMES  G.  GIBBES. 

I  nave  no  means  of  investigating  the  charge  made  by 
.Baron  Erlanger  in  his  statement  to  Mr.  Gibbes  other  than 
by  an  examination  of  the  records  of  the  Treasury  Depart 
ment  and  a  reference  to  the  official  repojts  of  the  Secretary 
of  the  Treasury  to  the  Confederate  Congress.  From  these  it 
"Would  appear  that  Baron  Erlanger's  statement,  as  reported 
by  Mr.  Gibbes,  is  not  in  accord  either  with  the  letters  of  the 
Secretary  to  Mr.  John  Slidell,  our  Minister  to  France,  or  with 
•the  official  reports  and  recommendations  of  the  Secretary  to 
the  Confederate  Congress. 


FINANCIAL  POLICY.  359 

I  find  in  the  record  Look  of  the  Secretary's  correspondence 
the  following  letter  to  Mr.  Slidell,  which  directly  contradicts 
the  statement  of  the  Paris  banker,  as  far  as  this  represents 
the  personal  or  official  views  of  Mr.  Memmingcr  on  this  sub 
ject. 

CONFEDERATE  STATES  OF  AMERICA, 
TREASURY  DEPARTMENT,  Richmond,  Va.,  Nov.  7,  1862. 

Hon.  John  Slidell : 

MY  DEAR  SIR, — Your  communication  to  the  President,  and  in  answer 
to  my  letter  of  inquiry,  with  regard  to  the  negotiation  of  our  cotton 
bonds  under  the  provisions  of  the  act  of  August,  has  been  referred  to  me 
and  read  with  much  interest.  By  the  same  dispatch  I  have  a  letter  from 
Mr.  Mason  on  the  same  subject. 

It  is  not  surprising  to  me  that  our  securities  as  authorized  by  the  act 
of  Congress  are  in  demand  among  the  bankers  and  capitalists  of  Eng 
land  and  on  the  continent.  The  provisions  of  the  act,  however,  does  not 
give  to  me  the  authority  to  do  so,  or  I  would  avail  myself  of  this  oppor 
tunity  to  place  the  greater  part,  if  not  the  entire  amount  of  the  bonds 
in  foreign  markets  provided  this  can  be  done  at  par,  or  near  the  par 
value  of  the  bonds  in  specie.  It  is  now  evident  that  our  struggle 
for  independence  is  to  be  protracted  through  at  least  another  year, 
and  in  anticipation  of  the  "uncertain  future,"  to  which  you  refer,  it 
would  be  well  for  us  to  increase  the  credit  of  our  government  in  Europe 
to  the  largest  possible  sum.  Granting  that  I  should  be  mistaken,  and 
that  the  next  year  or  six  months,  should  bring  to  an  end  our  struggle  by 
a  recognition  of  the  independence  of  the  Confederacy,  a  surplus  to  our 
credit  in  Europe  would  greatly  aid  in  an  adjustment  of  our  finances. 

The  act  of  Congress  authorizing  the  loan  evidently  provides  for  fund 
ing  a  part  of  our  outstanding  indebtedness  in  these  bonds.  This  will 
absorb  so  much  of  the  loan  that  I  fear  I  will  not  be  authorized  to  offer 
more  than  fifteen  or  twenty  millions  in  the  markets  of  Europe.  Congress 
will  soon  be  in  session,  and  then  I  will  endeavor  to  have  the  act  so 
amended  as  to  relieve  all  doubt  as  to  the  authority  of  the  Secretary  of 
the  Treasury  in  the  premises. 

A  special  messenger  will  take  over  the  bonds  to  our  financial  agent, 
who  will  doubtless  confer  with  you  on  the  matter  of  their  negotiation. 

Very  respectfully, 
(Signed)  C.  G.  MEMMINGER, 

Secretary  of  the  Treasury. 

In  his  official  report  of  January  10,  18G3,  addressed  to 
Hon.  T.  S.  Bgcock,  Speaker,  House  of  Representatives,  C. 


360  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

S.  A.,  referring  to  these  cotton  loan  bonds,  Mr.  Memminger 
uses  the  following  language  : 

It  is  in  my  judgment  advisable  that  we  should  improve  the  present 
opportunity  to  largely  increase  our  specie  credits  in  Europe.  As  a  step 
in  this  direction  I  have  sent  a  large  amount  of  the  cotton  loan  bonds, 
authorized  by  the  act  of  the  last  Congress,  to  our  financial  agent  at  Paris, 
for  negotiation,  and  am  advised  that  they  are  in  demand  at  the  monied 
centers  of  Europe.  The  provisions  of  the  act  authorizing  this  loan  are 
somewhat  ambiguous.  It  is  not  clear  as  to  whether  Congress  intended 
that  these  bonds  should  be  used  in  funding  treasury  notes,  or  that  they 
should  be  used  in  making  a  foreign  loan.  I  recommend  that  the  act  be 
so  amended  that  the  bonds  provided  for  may  be  used  for  largely  in 
creasing  the  amount  of  our  specie  deposits;  also  that  the  rate  at  which 
cotton  shall  be  taken,  in  payment  of  the  coupons  of  these  bonds,  when 
due,  shall  be  reduced  to  sixpence,  and  that  the  option  remain  as  now 
provided,  with  the  holder  to  receive  cotton  at  the  price  per  pound,  or 
coin,  as  he  may  elect.  AVith  this  amendment  to  the  act  I  am  assured 
that  purchasers  for  a  large  amount  of  these  bonds  can  readily  be  found 
in  the  markets  of  Europe. 

Again,  in  his  report  to  Congress,  December  7,  1863,  refer- 
ing  to  these  bonds,  Mr.  Memminger  says  : 

It  is  not  clear  what  was  the  design  of  Congress  in  authorizing  these 
bonds.  The  first  law  passed  was  in  connection  with  the  funding  act, 
and  the  coupons  were  thereby  made  payable  at  the  option  of  the  holder 
of  the  bond  in  coin,  or  cotton  valued  at  eight  pence  sterling  per  pound. 
The  object  of  this  law  was  obviously  to  provide  means  for  raising  money 
abroad,  and  after  it  was  passed,  I  recommended  that  the  rate  at  which 
the  cotton  was  to  be  taken  should  be  reduced  to  six  pence,  or  the  aver 
age  price  at  Liverpool  before  the  war.  At  this  rate  purchasers  could 
have  been  procured  at  any  time  before  the  fall  of  Vicksburg. 

The  amendment,  which  was  made  to  the  law  by  Congress,  reduced 
the  price,  as  proposed,  but  shifted  the  option  of  being  paid  in  cotton 
from  the  purchaser  to  the  government.  This  converted  the  bond,  in  the 
view  of  an  European  purchaser,  into  a  single  six  per  cent,  money  bond, 
with  the  interest  payable  here.  The  absence  of  the  right  to  require 
cotton  for  the  bonds  took  away  their  availableness  in  the  foreign 
markets,  etc.  ...... 

[See  Appendix.] 

I  deem  these  records  the  highest  evidence  of  what  Mr. 
Memminger's  views  of  the  financial  policy  of  the  govern- 


FINANCIAL  POLICY.  361 

ment  really  were,  and  of  his  actions,  as  the  financial  ex^ 
ecutive  of  that  government,  Baron  Erlanger,  the  banker 
and  broker,  nevertheless  to  the  contrary. 

There  is  scarcely  anything  easier  for  some  to  do  than  to 
criticise  the  acts  of  others,  after  an  emergency  has  transpired, 
and  to  censure  is,  unhappily,  so  much  a  characteristic  of  our 
humanity  that  we  readily  find  those  who  can  fix  upon  some 
one  the  responsibility  for  a  failure  so  disastrous  as  was  the 
war  between  the  States.  A  true  history  of  the  facts  is  the 
best  criticism  of  measures  or  of  statesmanship.  Before  this 
tribunal  C.  G.  Memminger  may  safely  appear. 

While  it  is  not  my  purpose  to  discuss  the  financial  policy 
of  Mr.  Memminger  with  the  object  in  view  of  adding  to  the 
strength  of  the  vindication  made  by  his  own  words  and  acts 
against  criticisms  made  designedly  by  some,  or  through 
ignorance  by  others,  I  deem  it  but  an  act  of  simple  justice 
to  the  worthy  Secretary,  and  due  to  the  truth  of  history,  that 
I  should  here  notice  a  reflection  which  is  apparently  made 
by  President  Davis  in  his  work,  "Rise  and  Fall  of  the  Confed 
erate  Government."  Referring  to  the  condition  of  the  Con 
federate  finances  in  1863,  Mr.  Davis,  on  page  491,  Vol.  I., 
uses  this  language  : 

The  evil  effects  of  this  financial  condition  were  but  too  apparent.  In 
addition  to  the  difficulty  presented  to  the  necessary  operations  of  the 
government  and  the  efficient  conduct  of  the  war,  the  most  deplorable  of 
all  its  results  was  undoubtedly  its  corrupting  influence  on  the  morals  of 
the  people.  The  possession  of  large  amounts  of  treasury  notes  led  to  a 
desire  for  investment,  and  with  a  constantly  increasing  volume  of  cur 
rency  there  was  an  equally  constant  increase  of  price  in  all  objects  of 
investment.  This  effect  stimulated  purchase  by  the  apparent  certainty 
of  profit,  and  a  spirit  of  speculation  wras  thus  fostered,  which  had  so  de 
basing  an  influence  and  such  ruinous  consequences  that  it  became  our 
highest  duty  to  remove  the  cause  by  prompt  and  stringent  measures. 

I,  therefore,  recommended  to  Congress  in  December,  1863,  the  com 
pulsory  reduction  of  the  currency  to  the  amount  required  by  the  busi 
ness  of  the  country,  accompanied  by  a  pledge  that  under  no  stress  of 
circumstances  would  the  amount  be  increased.  I  stated  that  if  the  cur 
rency  was  not  greatly  and  promptly  reduced,  the  existing  scale  of  inflated 


362  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

prices  would  not  only  continue,  but,  by  the  very  fact  of  the  large 
amounts  thus  made  requisite  in  the  conduct  of  the  war,  these  prices 
would  reach  rates  still  more  extravagant,  and  the  whole  system  would 
fall  under  its  own  weight,  rendering  the  redemption  of  the  debt  impossi 
ble  and  destroying  its  value  in  the  hands  of  the  holder.  If,  on  the  con 
trary,  a  funded  debt,  with  interest  secured  by  adequate  taxation,  could 
be  substituted  for  the  outstanding  currency,  its  entire  amount  would  be 
made  available  to  the  holder,  and  the  government  would  be  in  a  condi 
tion  beyond  the  reach  of  any  probable  contingency  to  prosecute  the  war 
to  a  successful  issue. 

The  effect  of  this  language  is  to  convey  the  impression  that 
there  was  a  radical  defect  in  the  financial  policy  of  the  gov 
ernment,  which,  besides  threatening  the  destruction  of  the 
Confederate  credits,  was  "  corrupting  in  its  influence  on  the 
morals  of  the  people,"  and  that  the  President,  perceiving 
this  to  be  the  case,  by  his  unaided  intervention,  in  the  form 
of  recommendations  to  Congress,  unsuggested  by  the  finan 
cial  officer  of  the  government,  had  induced  the  legislation  of 
February,  1864,  which  remedied  the  evil. 

I  cannot  believe  nor  do  I  charge  that  Mr.  Davis  would  at 
tempt  to  add  to  his  own  reputation  as  a  financier,  or  to  his 
fame  as  a  statesman,  by  depriving  a  self-sacrificing  Cabinet 
officer  of  the  credit  due  him,  or  that  he  would  designedly 
seek  to  make  of  him  a  scape-goat  for  the  errors  of  his  admin 
istration.  I  prefer  rather  to  believe  that  the  weakness  of 
the  President,  a  pardonable  egotism,  captured-  his  pen  in 
this  instance,  and  gave  a  form  of  expression  to  his  thought, 
which  with  the  Secretary's  reports  before  him  he  would  have 
at  least  modified  to  the  extent  of  recognizing  the  source 
from  whence  his  suggestions  were  derived. 

Upon  an  examination  of  the  reports  of  the  Secretary  in 
the  Appendix  to  this  volume,  it  will  be  seen  that  he  not  only 
anticipated  the  difficulties  to  which  Mr.  Davis  refers,  but  had 
repeatedly  called  the  attention  of  Congress  to  them.  From 
his  report  of  January  10,  1863,  I  take  the  following  : 

By  a  law  as  invariable  as  any  law  of  physical  nature,  prices  rise  or 
fall  with  the  actual  volume  of  the  whole  currency.  Neither  skill  nor 


FINANCIAL  POLICY.  363 

power  can  vary  the  result.  It  is  in  fact  a  relation  existing  between  two 
numbers,  the  one  representing  the  total  values  of  property  and  the 
other  the  total  circulating  medium.  The  nature  of  that  medium  can 
not  change  it.  It  would  exist  with  a  currency  of  gold  with  as  much  cer 
tainty  as  with  one  of  paper,  if  the  gold  were  kept  within  the  country  by 
restraints  equal  to  those  which  retain  the  paper.  •  •  •  •  Prices  will 
reach  the  height  adjusted  by  the  scale  of  issue,  and  they  can  only  be  re 
stored  to  their  usual  condition  by  a  return  to  the  normal  standard  of 
currency.  In  other  words,  the  only  remedy  for  an  inflated  currency  is  a 
reduction  of  the  circulating  medium.  '  '  Is  this  reduction  prac 

ticable  ?  Before  answering  the  question  it  is  important  that  we  should 
be  fully  assured  of  the  excessive  issue  of  paper  currency.  If  the  coun 
try  was  open  to  foreign  intercourse,  the  difference  in  value  between 
coin  and  paper  money  would  at  once  afford  a  test.  But  in  the  present 
condition  of  trade  coin  cannot  be  imported  and  gold  and  silver  have  be 
come  articles  of  commerce  like  iron  and  lead.  They  cannot,  therefore, 
take  their  usual  place  as  absolute  measures  of  value. 

After  proceeding  to  show  that  other  tests — such  as  bills  of 
exchange,  commodities  in  general  use,  and  of  which  there 
was  a  scarcity,  and  even  real  estate — could  not,  under  the 
existing  state  of  affairs,  be  made  a  standard  of  values;  and 
as  such  a  test  by  which  to  determine  the  excess  of  the  paper 
currency  of  the  country,  the  Secretary  proceeds  to  state,  in 
his  usual  clear  and  concise  manner,  that  "the  remedy  which 
is  required,  in  order  to  be  effective,  must  therefore  withdraw 
two-thirds  of  the  entire  volume  of  the  currency.  •  •  •  • 
At  the  last  session  of  Congress  an  effort  was  made  by  me  to 
attain  this  result  by  the  proposal  for  a  loan  of  one-fifth  of 
all  gross  income,  to  .be  paid  in  treasury  notes,  in  exchange 
for  bonds.  The  adoption  of  this  measure  would  have  retired 
a  large  amount  of  treasury  notes  at  an  early  period,  and 
would  have  checked  the  advance  of  prices.  It  is  the  mis 
fortune  of  every  such  failure  that  it  leaves  the  evils  increas 
ing  at  a  double  ratio,  and  subsequent  remedies  must  be  so 
much  the  more  stringent.  All  the  causes  of  excess  continue 
in  full  operation.  •  •  •  •  The  conditions,  then,  which 
any  sufficient  remedy  must  fulfil,  are,  first,  prompt,  and  sec 
ondly,  effective  reduction." 


364  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

Again,  in  his  report  December  7,  1863,  the  month  and 
year  referred  to  by  President  Davis,  in  referring  to  the  enor 
mous  sum  expressed  in  the  several  estimates  of  expenses 
made  by  the  several  departments  of  the  government,  he 
says :  "  If  these  estimates  are  to  be  supplied  by  new  issues 
of  currency  prices  must  again  increase,  and  large  additions 
must  be  made  to  the  figures  which  represent  both  currency 
and  estimates.  •  *  *  It  is  obvious  that  some  other  mode 
of  raising  supplies  must  be  devised,  and  the  necessity  is 
equally  obvious  of  reducing  the  volume  of  the  currency. 
.  .  •  In  a  former  report  it  was  shown  that  one  hundred 
and  fifty  millions  of  dollars  was  probably  the  amount  of 
currency  which  could  be  put  in  circulation,  under  existing 
circumstances,  in  the  Confederate  States,  without  material 
derangement  of  values.  The  currency  in  circulation  when 
the  estimates  for  the  ensuing  year  were  made  up  was  very 
near  four  times  that  amount ;  and  it  may  be  fairly  assumed 
that  the  prices  were  then  nearly  four  times  what  they  would 
have  been  if  the  currency  had  been  restored  to  its  original 
condition.  A  reduction  of  the  currency,  then,  should  be  a 
preliminary  measure."  ....  Continuing,  he  says : 
"  Thus  are  we  fairly  confronted  with  the  three  difficulties  to 
be  surmounted  :  1.  The  currency  must  be  reduced  ;  2.  The 
supplies  must  be  raised  ;  3.  The  measures  to  attain  these 
ends  must  be  prompt  and  certain." 

These  extracts  are  sufficient  to  show  to  the  reader  the  real 
source  from  whence  emanated  the  financial  policy  mentioned 
by  President  Davis.  I  commend  the  careful  study  of  the 
reports  of  the  Secretary  to  those  who  would  thoroughly 
comprehend  the  system  adopted  by  him  of  issuing  treasury 
notes,  and  funding,  in  interest-bearing  bonds,  a  sufficient 
amount  of  these  to  keep  the  currency  at  a  normal  relation 
with  a  legitimate  measure  of  value.  This  plan  of  Mr.  Mem- 
minger's  was  adopted,  some  time  after  he  had  successfully 
followed  it,  by  Mr.  Chase,  Secretary  of  the  Treasury  of  the 


FINANCIAL  POLICY.  365 

United  States.  The  advantages  which  Secretary  Chase  had 
of  open  ports  and  free  commercial  exchanges  with  European 
powers  enabled  him  to  accomplish  results  which  were  only 
impossible  to  Mr.  Memminger  because  of  the  absence  of 
conditions  essential  to  the  maintenance  of  the  Confederate 
credit.  If  the  writer  may  be  permitted  to  do  so,  he  would 
also  suggest  to  certain  political  economists,  who  are  now 
advocating  an  indefinite  expansion  of  the  currency  of  the 
United  States,  that  the  study  of  the  reports  of  Mr.  Mem 
minger  to  the  Confederate  Congress  will  give  them  an  answer 
to  their  theories,  not  only  logical  and  perfect,  but  which  has 
been  approved  by  the  experience  of  ages. 

I  do  not  deem  it  necessary  to  give  in  more  extended  de 
tail  than  I  have  presented  the  incidents  or  facts  connected 
with  the  administration  of  Mr.  Memminger,  as  Secretary  of 
the  Confederate  Treasury.  These  I  could  not  give  from 
any  personal  knowledge  of  or  relation  to  them,  later  than 
the  expiration  of  the  Provisional  government  on  the  18th 
of  February,  1862,  when  I  resigned  my  office  as  Chief  Clerk 
and  entered  the  army.  Nor  would  it  be  other  than  redun 
dancy  with  the  reports  of  the  Secretary  appended  to  this 
work.  The  almost  superhuman  work  which  he  had  under 
taken  continued  to  increase  with  its  burdens  of  responsi 
bility,  and  in  many  instances,  with  its  vexatious  annoyances. 
Finally,  Mr.  Memminger  could  stand  these  no  longer,  and 
on  the  14th  day  of  June,  1864,  addressed  the  following  let 
ter  of  resignation  to  the  President  : 

TREASURY  DEPARTMENT,  RICHMOND,  June  15, 1864. 
His  Excellency,  the  President: 

SIR, — You  have  been  aware  for  several  months  past  of  my  desire  to 
withdraw  from  my  present  official  position  and  of  the  reasons  which  re 
strained  me  from  so  doing.  With  an  earnest  purpose  to  devote  to  the 
service  of  my  country  during  the  perils  which  surround  her,  whatever 
faculties  I  may  possess,  I  had  nevertheless  perceived  that  the  enormous 
burdens  imposed  on  the  Treasury  by  a  war  on  so  vast  a  scale,  and  the 
difficulty  of  sustaining  them  had  given  rise  to  discontent  and  to  distrust 


366  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

in  the  abifcty  of  the  officer  administering  the  financial  department.  To 
the  elements  of  dissatisfaction  was  added  another  more  grave,  and 
arising  from  essential  differences  in  the  plans  submitted  by  the  head  of 
the  Department  and  those  adopted  by  Congress. 

In  this  condition  of  things  it  would  seem  to  have  been  proper  to 
have  resigned  my  office  as  soon  as  Congress  had  passed  its  judgment 
against  the  plans  which  I  had  submitted. 

Two  considerations,  however,  prevented.  The  first  was  a  repug 
nance  to  any  act  which  could  be  construed  into  an  abandonment  of 
a  post  of  duty  assigned  to  me  during  a  struggle  in  which  I  felt  that 
every  citizen  owed  to  his  country  whatever  sacrifice  or  service  was  de 
manded  of  him.  The  financial  plan,  which  was  finally  adopted  by  the 
last  Congress,  had  been  uncertain  until  the  end  of  the  session.  It  was  not 
matured  until  the  two  Houses  had  referred  the  matter  to  a  committee  of 
conference,  and  it  became  a  law  only  on  the  last  day  of  the  session.  The 
machinery  which  was  required  for  its  operation  was  complex  and  exten 
sive,  and  by  the  terms  of  the  law,  just  forty  days  were  allowed  to  carry 
it  into  complete  effect.  No  new  head  of  the  Department,  however  com 
petent,  would  have  been  able  to  acquire  sufficient  knowledge  of  office 
details  in  time  to  have  carried  out  the  provisions  of  this  act.  The  public 
good,  therefore,  demanded  that  I  should  not  leave  my  post  during  this 
period. 

The  second  consideration  which  prevented  was  the  unwillingness  I 
felt  to  leave  you  in  opposition  to  your  desire,  while  you  honored  me 
with  such  confidence  as  you  have  manifested,  and  while  your  whole 
energies  were  still  taxed  by  the  great  and  varied  responsibilities  attend 
ant  upon  the  office  in  which  Providence  has  placed  you.  These  consid 
erations  now  no  longer  govern.  The  first  is  at  an  end.  The  funding  of 
the  currency  has  been  nearly  completed  and  the  entire  machinery  re 
quired  by  the  plans  of  Congress  for  taxes  and  finance  is  now  in  full 
operation.  No  public  interest  will  suffer  by  my  now  giving  place  to  a 
successor.  The  second  consideration  must  yield  to  the  conviction  that 
justice  to  myself  and  the  public,  requires  me  to  insist  on  your  acceptance 
of  the  resignation  which  I  now  tender  in  the  hope  that  you  will  be  suc 
cessful  in  choosing  a  successor  whose  views  shall  harmonize  with  those 
of  Congress,  and  who  may,  on  that  account,  be  better  able  (none  can  be 
more  earnestly  desirous)  than  I  have  been  to  do  valuable  service 
to  our  country. 

I  confess,  sir,  that  I  cannot,  without  deep  emotion,  separate  from  you 
and  my  colleagues  in  the  Cabinet.  Neither  can  I  do  so  without  bearing 
testimony  that  never  in  the  utmost  freedom  of  confidential  intercourse 
have  I  heard  one  word  or  suggestion  indicating  aught  else  but  a  consci 
entious  and  disinterested  desire  to  do  what  was  best  for  the  country.  It 
had,  been  my  hope  that  ere  our  official  connection  terminated  our  coun 
try  would  be  in  full  fruition  of  the  peace  and  independence  for  which  she 


FINANCIAL  POLICY.  367 

has  paid  so  costly  a  price,  and  that  you,  sir,  would  have  enjoyed  in  the 
spectacle  of  her  happiness  and  prosperity  the  only  reward  you  seek  for 
the  ceaseless  cares  and  labors  devoted  to  her  service.  Though  this  may 
not  now  be,  I  shall  not  cease  in  private  life  to  give  my  warm  co-operation 
in  whatever  may  conduce  to  the  consummation  so  ardently  desired. 

I  need  scarcely  add,  Mr.  President,  that  while  desiring  to  be  relieved 
at  as  early  a  period  as  may  be  practicable,  my  services  remain  freely  at 
your  disposal  until  you  shall  have  selected  my  successor  in  office. 

With  heartfelt  wishes  for  your  health,  happiness  and  prosperity,  I  re- 
main,  with  the  highest  respect  and  esteem, 

(Signed)  Your  obedient  servant,  0.  G.  MEMMINGER. 

To  this  letter  of  resignation  the  President  replied  as  fol 
lows  : 

RICHMOND,  VA.,  June  21,  1864. 

To  Hon.  C.  G.  Memminger,   Secretary   Confederate   States  Treasury,  Pdch* 

mond,  Va. : 

DEAR  SIR, — I  have  received  your  letter  of  the  15th  instant  stating  the 
grounds  on  which  you  deem  that  justice  to  yourself  and  to  the  public 
requires  you  to  urge  my  acceptance  of  your  resignation. 

Some  months  since  you  expressed  a  desire  to  retire,  for  the  reason 
that  in  your  belief  the  public  service  would  be  promoted  by  the  appoint 
ment  of  a  successor  whose  views  of  financial  policy  accorded  better  than 
your  own  with  the  legislation  then  lately  adopted.  I  knew  the  extreme 
difficulty  of  conducting  the  Treasury  Department  during  the  pending 
struggle.  I  was  aware  that  any  officer,  however  competent,  must  prob 
ably  fail  to  escape  the  animadversions  of  those  who  are  ready  to  attri 
bute  to  inefficient  administration  the  embarrassment  due  to  legislation 
not  adapted  to  the  existing  circumstances.  The  experience  acquired  by 
you  in  the  organization  and  management  of  the  Department  could  not 
be  immediately  replaced,  and  for  these  reasons  I  was  satisfied  that  the 
general  welfare  would  be  injuriously  affected  by  your  withdrawal  at  that 
time.  You  have  now  at  least  the  consolation  and  satisfaction  to  know 
that  your  personal  wishes  were  surrendered  to  a  conviction  of  public 
duty.  Recent  events  do  not  warrant  me  in  refusing  your  renewed  re 
quest  that  I  should  accept  your  resignation.  The  regret  you  express  at 
the  prospect  of  our  official  separation  is  sincerely  shared  by  me.  From 
your  entrance  on  the  duties  of  your  office,  I  have  observed  and  appreci 
ated  the  cheerful  and  unremitting  devotion  of  all  your  faculties  to  the 
public  service,  and  do  not  fail  to  remember  that  it  was  at  the  sacrifice  of 
your  private  inclinations  that  you  continued  to  fulfil  the  arduous  duties 
of  your  post. 

The  offer  you  make  of  your  services  until  your  successor  can  assume 
office  is  in  the  same  patriotic  spirit  and  is  accepted  as  thankfully  as  it 


368  LIFE  A$D  TIMES  OF  C.  G.  MEMMINGER. 

is  generously  tendered.    At  as  early  a  period  as  practicable  I  will  en 
deavor  to  comply  with  your  request  to  be  relieved. 

With  my  grateful  acknowledgment  for  your  past  assistance  and 
for  your  very  kind  expressions  of  personal  regard  be  assured  of  the  cor 
dial  esteem  with  which  I  am  your  friend. 

(Signed)  JEFFERSON  DAVIS. 

When  Mr.  Memminger's  resignation  became  known  he 
not  only  received  many  letters  cordially  expressing  regrets 
and  the  high  esteem  in  which  he  was  held,  from  the  lead 
ing  public  men  and  financiers  of  the  South,  but  with  a  re 
markable  unanimity  the  press — especially  of  Richmond,  Va. ; 
Charleston,  S.  C.,  and  Montgomery,  Ala. — were  without  stint 
in  the  expressions  of  high  encomiums  upon  his  merits  as 
a  man  and  his  devotion  to  the  duties  of  his  office.  I  extract 
the  folio  wing  from  the  Richmond  (Va.)  Sentinel,  among  the 
many,  I  find  with  Mr.  Memminger's  private  papers : 

The  following  correspondence  gives  confirmation  to  what  has  been 
for  some  time  generally  understood,  that  Hon.  C.  G.  Memminger  had 
asked  to  be  relieved  from  the  duties  which  for  more  than  three  years  he 
had  so  faithfully,  diligently  and  ably  discharged  as  Secretary  of  the 
Treasury.  The  tributes  mutually  paid  by  the  parties  to  the  correspond 
ence  show  the  high  regard  and  the  just  estimate  which  they  have  always 
entertained  each  for  the  other.  Mr.  Memminger  has  had  a  most  labo 
rious  and  difficult  position  to  fill— one  which  demanded  the  sympathy 
and  generous  support  of  every  patriot.  He  has  been  in  a  considerable 
measure,  however,  the  target  of  factionists  and  determined  fault-finders, 
and  has  been  impeded  in  his  public  duties  by  the  clamor  which  they 
have  excited.  But  those  wlio  know  him  best  will  say,  as  history  will 
say,  that  no  Republic  ever  had  a  more  faithful  public  servant,  or  one 
who  more  diligently  devoted  his  high  capacity,  regardless  of  sacrifice 
and  of  personal  comfort,  to  the  service  of  his  country.  He  has  well 
earned  the  cordial  thanks  of  the  Confederacy. 

No  one  was  more  ready  to  appreciate  a  sincerely  expressed 
criticism  of  his  public  course  than  Mr.  Memminger,  and 
when  assured  in  his  own  mind  of  his  rectitude  and  approved 
by  his  conscious  sense  of  self-respect,  no  one  was  less  affected 
by  either  the  adulations  of  a  sycophant  or  the  captious  ob 
jections  of  mere  fault-finders. 


FINANCIAL  POLICY.  369 

There  were  thousands  of  these  latter  people  to  be  found  all 
over  the  South,  who  would  offer  no  suggestion  for  the  remedy 
of  evils,  but  who  believed  these  to  result  from  an  unwise  ad 
ministration,  without  a  knowledge  of  the  facts  with  which 
the  executive  had  to  contend. 

It  may  be  readily  inferred  that  but  few  men  capable  of 
filling  the  office  Mr.  Memminger  had  resigned  would  have 
the  temerity  to  assume  so  grave  a  responsibility  and  under 
such  trying  circumstances.  The  faithful  Secretary  was  per 
fectly  sincere  in  the  expressions  made  in  his  letter  of  resig 
nation.  He  was  then,  as  he  had  ever  been,  a  patriot,  ready 
to  devote  his  energies  to  the  service  of  his  country;  and,  as  a 
patriot,  he  would  not  attempt  to  perform  an  office,  when,  in 
his  judgment,  the  service  required  of  him  was  not  such  as  he 
believed  would  redound  to  the  public  good.  Perfectly  un 
selfish,  and  free  from  a  vain  ambition  that  would  prompt  him 
to  maintain  a  position  when  he  knew  the  ends  desired  by 
Congress  could  not  be  reached  by  the  methods  adopted,  he 
cheerfully  resigned  his  office,  hoping,  even  against  hope, 
that  some  one  could  be  found  who  would  be  wise  enough  to 
maintain  the  credit  of  the  Confederacy  in  spite  of  the  vicious 
policy  forced  upon  the  Treasury  Department  by  the  legisla 
tion  of  Congress.  In  the  conduct  of  the  Treasury  Depart 
ment,  especially  in  devising  the  general  financial  policy  in 
augurated  by  him  at  the  outset  of  the  government,  Mr. 
Memminger  had  freely  conferred  with  the  leading  business 
men  of  the  South.  With  none  had  he  consulted  more  fully 
than  with  Mr.  George  A.  Trenholm,  of  the  great  house  of 
Fraser,  Trenholm  &  Co.,  of  Charleston,  S.  C.  Mr.  Tren- 
holm's  reputation  in  the  sphere  in  which  he  had  been  en 
gaged  was  widely  known,  and  his  skill  fully  appreciated  by 
Mr.  Memminger,  who  knew  him  to  be  among  the  best  of  the 
financiers  of  Charleston.  Under  the  circumstances,  his 
selection  as  the  successor  of  Mr.  Memminger  was  to  a  great 
24 


370  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

extent  an  endorsement  of  the  general  policy  pursued  by  the 
Secretary,  which,  if  possible,  made  more  emphatic  the  com 
pliment  of  the  President  in  his  letter  accepting  his  resigna 
tion. 

As  soon  as  Mr.  Trenholm  was  properly  installed  in  office 
and  was  made  familiar  with  the  general  details  of  the  depart-. 
ment,  Mr.  Memminger  retired  to  his  inviting  country  seat  at 
Flat  Rock,  North  Carolina,  to  enjoy  a  release  from  the  official 
cares  that  had  long*  burdened  his  mind  and  taxed  his  physi 
cal  strength.  While  his  residence  in  Richmond  was  a  cen 
ter  of  social  attraction,  and  in  its  circle  he  found  a  degree  of 
release  from  his  official  duties,  it  was  not  until  these  respon 
sibilities  had  been  transferred  entirely  to  another,  and  he 
was  free  to  enjoy  a  well-merited  rest  from  his  almost  super 
human  labors,  that  he  experienced  that  happiness  which  is 
the  reflex  of  duty  well  discharged — the  "mens  sibi  conscia 
recti" 

Mr.  Memminger  had  been  among  the  first  of  the  seaboard 
gentlemen  to  perceive  the  natural  beauties  and  attractive 
ness  of  the  Flat  Rock  region  of  western  North  Carolina. 
There  was  much  to  attract  him  among  the  grand  mountains, 
in  the  limpid  streams,  the  clear  skies  and  charming  land 
scapes  of  this  section,  and  here,  with  Judge  King,  of  Charles 
ton,  he  was  among  the  pioneers  who  as  far  back  as  1835  or 
1840  began  the  establishment  of  summer  homes,  as  places 
of  refuge  from  the  heat  and  malaria  of  the  sea  coast.  Here 
he  improved  "  Rock  Hill"  and  made  it  a  place  of  rest,  and 
for  many  years  it  became  bis  loved  mountain  home.  To  its 
natural  attractions  he  had  added  year  after  year  the  elegant 
adornments  of  a  cultivated  taste,  until  "  Rock  Hill "  became 
an  estate  and  a  sweet  home,  of  which  he  was  justly  proud, 
and  to  which  he  was  much  attached.  To  this  home  he 
brought  with  him  the  anxious  solicitude  of  a  patriot,  who 
plainly  saw  coming,  with  the  certainty  of  a  doom  he  was 
powerless  to  prevent,  the  overthrow  of  his  country's  hopes, 


RETIRES  TO  HIS  COUNTRY  SEAT.  371 

and  here,  with  the  loves  of  his  hearthstone  about  him,  he 
waited  the  inevitable  result. 

"  Rock  Hill "  must  be  seen  by  the  appreciative  to  be  en 
joyed  in  all  of  the  loveliness  of  its  many  attractive  features. 
Its  lake  of  pure  water,  its  green  sward,  its  beautiful  hills 
and  grand  forest  trees,  among  which  graveled  walks  and 
carriage  drives  led  up  to  the  seat  of  a  noble  hospitality,  to 
a  home  where  all  that  a  refined  taste  and  a  cultured  mind 
could  gather  of  adornment  or  secure  of  comfort.  Such  was 
"  Rock  Hill,"  an  earthly  Paradise  to  Mr.  Memminger,  a 
sweet  retreat  from  all  the  clamor  and  clatter  of  the  world. 

"  How  blest  is  he  who  crowns  in  shades  like  these, 
A  youth  of  labor  with  an  age  of  ease." 

The  last  scenes  in  the  terrible  drama  of  war  were  now 
being  enacted. 

Laocoon  was  at  last  in  the  toils  of  the  serpent. 

Richmond  was  being  invested  by  an  army  immensely 
superior  to  the  Confederate  forces  in  numbers  and  in  equip 
ment,  and  Sherman  was  marching  with  his  unopposed 
legions  to  the  rear  of  General  Lee.  Under  these  circum 
stances,  Mr.  Memminger  did  not  deem  it  prudent  to  take 
his  family  to  his  home  in  Charleston,  which  had  welcomed 
his  coming  in  the  past  with  each  return  of  the  winter's 
frost.  He  remained  at  "  Rock  Hill,"  and  was  there  informed 
of  the  surrender  of  General  Leo's  decimated  army,  and  the 
triumph  of  Sherman  at  Bentonville.  Here  he  received  the 
decree  of  a  fate  he  knew  to  be  coming,  but  which  as  far  as 
his  personal  security  was  involved,  he  could  only  surmise. 

For  some  months  after  the  cessation  of  hostilities  every 
section  of  the  South  was  more  or  less  overrun  with  Federal 
troops,  who  were  in  their  organizations  the  evidences  of  the 
power  that  had  brought  the  States  of  the  Confederacy  to  the 
humiliation  of  defeat.  In  the  majority  of  instances  these 
detachments  would  support  the  most  arbitrary  exactions  of 
their  commanding  officers  and  were  the  means  by  which  a 


372  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

system  of  military  government  was  instituted,  which  was 
only  withdrawn  when  the  vindictive  spirit  and  ill-advised 
policy  of  the  political  party  in  power  at  Washington  city  hac( 
transferred  the  government  of  the  conquered  States  to  adT 
venturers,  to  unscrupulous  local  politicians,  and  to  ignorant 
negroes. 

The  peaceful  seclusion  of  "  Rock  Hill "  did  not  escape  the 
visits  of  these  soldiers.  While  subjected  to  the  annoj^ances 
incident  to  their  presence,  Mr.  Memminger  escaped  the 
arrest  and  imprisonment  of  others  who  had  taken  an  active 
part  in  the  administration  of  the  Confederate  government. 
He  was  made,  however,  to  suffer  in  other  respects.  His  res 
idence  in  Charleston,  furnished,  and  at  the  time  occupied 
by  his  representatives,  was  seized,  under  the  pretext  of  being 
abandoned,  by  the  agent  of  the  "  Bureau  of  Refugees,  Freed- 
men  and  Abandoned  Lands."  As  if  to  add  insult  to  in 
jury  a  grim  satire  was  perpetrated  by  the  Commissioner 
of  this  Bureau  in  Charleston,  who  converted  this  elegant 
home  into  an  "Asylum  for  negro  orphan  children,"  who 
were  gathered  there  in  troops  irrespective  of  their  claims  to 
a  legitimate  orphanage,  and  made  at  home  in  a  mansion 
that  had  known  only  the  care  and  the  presence  of  a  family 
now  ruthlessly  denied  its  many  comforts.  These  evils  Mr. 
Memminger  bore  with  a  spirit  of  resignation  characteristic 
of  the  Christian  philosophy  that  had  been  his  stay  under  all 
circumstances  of  trial.  Without  yielding  to  childish  re 
grets,  he  bowed' with  grace  to  the  inevitable,  protesting  with 
manly  firmness  to  the  government  at  Washington  against 
the  action  of  their  agent. 

In  the  midst  of  the  general  gloom  that  settled  upon  the 
South  and  that  awakened  forebodings  of  evils  to  come, 
more  serious  than  had  yet  overtaken  this  devoted  land,  Mr. 
Memminger  remained  the  sincere  and  earnest  patriot.  He 
did  not  cease  to  exercise  his  mind  in  suggesting  such  a 
course  of  procedure  as  he  believed  would  restore  prosperity 


RETIRES  TO  HIS  COUNTRY  SEAT.  373 

to  the  country,  by  preparing  the  recently  liberated  negroes 
to  assume  intelligently  the  rights  of  citizenship.  It  is  one 
of  the  highest  evidences  of  his  patriotism  that  Mr.  Memmin- 
ger  should  under  the  circumstances  surrounding  him,  have 
forgotten  his  personal  interests  and  safety  in  seeking  to  re 
lieve  the  distress  of  his  people.  While  others  had  sought 
safety  for  themselves  in  flight,  and  remained  in  security 
under  the  protection  of  foreign  flags,  he  not  only  remained 
to  share  the  fate  of  his  people,  but  he  volunteered  in  their 
behalf  the  wisdom  of  his  counsel,  which  even  his  enemies  in 
the  light  of  a  sad  experience,  must  admit  to  have  been  as 
philosophic  as  the  motives  inspiring  them  were  unselfish 
and  patriotic.  On  the  4th  of  September,  1865,  while  the 
political  status  of  the  negro  was  under  discussion  in  Con 
gress  he  addressed  the  following  communication  to  Presi 
dent  Johnson  : 

FLAT  ROCK,  September  4, 1865.; 
To  His  Excellency  Andrew  Johnson,  President  of  the  United  States  : 

Every  Southern  man  is  so  deeply  interested  in  the  great  questions 
of  public  policy  which  are  now  under  your  consideration  that  it  wrill 
scarcely  be  deemed  officious  in  one  of  them  to  offer  you  some  suggestions, 
if  made  solely  with  a  view  to  the  public  good.  Although  I  am  not  per 
sonally  known  to  your  Excellency,  and  at  present  am  under  the  ban  of 
the  government,  yet  I  feel  assured  that  your  judgment  can  easily  dis 
cern  the  ring  of  truth,  and  will  justly  appreciate  any  effort  to  relieve 
the  immense  responsibilities  which  are  now  pressing  upon  you. 

I  take  it  for  granted  that  the  whole  Southern  country  accepts  eman 
cipation  from  slavery  as  the  condition  of  the  African  race ;  but  neither 
the  North  nor  the  South  have  yet  defined  what  is  included  in  that  eman 
cipation.  The  boundaries  are  widely  apart  which  mark  on  the  one  side, 
political  equality  with  the  white  race,  and  on  the  other  a  simple  recog 
nition  of  personal  liberty.  With  our  own  race  ages  have  intervened 
between  the  advance  from  one  of  these  boundaries  to  the  other.  No 
other  people  have  been  able  to  make  equal  progress,  and  many  have  not 
yet  lost  sight  of  the  original  point  of  starting.  Great  Britain  has  made 
the  nearest  approach;  Russia  has  just  started,  and  the  other  nations  of 
Europe,  after  ages  of  struggle,  are  yet  on  the  way  from  one  point  to  the 
other,  none  of  them  having  yet  advanced  even  to  the  position  attained 
by  England. 


374  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

The  question  now  pending  is  as  to  the  station  in  this  wide  interval 
which  shall  be  assigned  to  the  African  race.  Does  that  race  possess 
qualities,  or  does  it  exhibit  any  peculiar  fitness,  which  will  dispense  with 
the  training  which  our  own  race  has  undergone,  and  authorize  us  at  once 
to  advance  them  to  equal  rights  ?  It  seems  to  me  that  this  point  has 
been  decided  already  by  the  laws  of  the  free  States.  None  of  them  have 
yet  permitted  equality ;  and  the  greater  part  assert  the  unfitness  of 
the  African  by  denying  him  any  participation  in  political  power. 

The  country,  then,  seems  prepared  to  assign  this  race  an  inferior 
condition,  but  the  precise  nature  of  that  condition  is  yet  to  be  defined; 
and  also  the  government  which  shall  regulate  it.  I  observe  that  you 
have  already  decided,  and  I  think  wisely,  that  the  adjustment  of  the 
right  of  suffrage  belongs  to  the  State  governments,  and  should  be  left 
there.  But  this,  as  well  as  most  of  the  other  questions  on  this  subject, 
rest  upon  the  decision  which  shall  be  made  upon  the  mode  of  organ 
izing  the  labor  of  the  African  race.  The  Northern  people  seem  generally 
to  suppose  that  the  simple  emancipation  from  slavery  will  elevate  the 
African  to  the  condition  of  the  white  laboring  classes,  and  that  con 
tracts  and  competition  will  secure  the  proper  distribution  of  labor. 
They  see  on  the  one  hand  the  owner  of  land  wanting  laborers,  and  on  the 
other  a  multitude  of  landless  laborers  without  employment;  and  they 
naturally  conclude  that  the  law  of  supply  and  demand  will  adjust  the 
exchange  in  the  same  manner  as  it  would  at  the  North.  But  they  are 
not  aware  of  the  attending  circumstances  which  will  disappoint  these 
calculations. 

The  laborer,  in  the  Southern  States,  with  his  whole  family  occupies 
the  houses  of  his  employer,  built  upon  plantations  widely  separate. 
The  employment  of  a  laborer  involves  the  employment  and  support  of 
his  whole  family.  Should  the  employer  be  discontent  with  any  laborers 
and  desire  to  substitute  others  in  their  place,  before  he  can  effect  that 
object,  he  must  proceed  to  turn  out  the  first,  with  their  entire  families, 
so  as  to  have  houses  for  their  successors.  Then  he  must  encounter  the 
uncertainty  and  delay  in  procuring  other  laborers;  and  also  the  hostil 
ity  of  the  laborers  on  his  plantation,  which  would  probably  exhibit 
itself  in  sympathy  with  the  ejected  families  and  with  combinations 
against  his  interests.  Should  this  occur  at  any  critical  period  of  the 
crop  its  entire  loss  would  ensue.  Nor  would  his  prospects  of  relief  from 
other  plantations  be  hopeful.  On  them  arrangements  will  have  been 
made  for  the  year,  and  the  obstructions  of  laborers  from  them  would 
result  in  new  disorganizations.  The  employer  would  thus  be  wholly  at 
the  mercy  of  the  laborer. 

It  may  be  asked  why  the  laborer  is  more  likely  to  fail  in  the  per 
formance  of  his  contract  than  his  employer?  The  reasons  are  obvious. 
The  employer,  by  the  possession  of  property,  affords  a  guarantee  by 
which  the  law  can  compel  his  performance.  The  laborer  can  offer  no  such 


RETIRES  TO  HIS  COUNTRY  SEAT.  375 

guarantee  and  nothing  is  left  to  control  him  but  a  sense  of  the  obliga 
tion  of  the  contract.  The  force  of  this  remedy  depends  upon  the  degree 
of  conscientiousness  and  intelligence  attained  by  the  bulk  of  a  people. 

It  is  well  known  that  one  of  the  latest  and  most  important  fruits 
of  civilization  is  a  perception  of  the  obligations  of  contracts.  Even  in 
cultivated  nations,  the  law  must  be  sharpened  at  all  points  to  meet  the 
efforts  to  escape  from  a  contract  which  lias  become  onerous;  and  noth 
ing  short  of  a  high  sense  of  commercial  honor  and  integrity  will  secure 
its  strict  performance.  It  would  be  vain  under  any  circumstances  to 
count  upon  such  performance  from  an  ignorant  and  ungoverned  popula 
tion.  But  when  that  population  is,  from  constitution  or  habit,  pecu 
liarly  subject  to  the  vices  of  an  inferior  race,  nothing  short  of  years  of 
education  and  training  can  bring  about  that  state  of  moral  rectitude  and 
habitual  and  self-constraint  which  would  secure  the  regular  performance 
of  contracts.  In  the  present  case  to  these  general  causes  must  be 
added  the  natural  indolence  of  the  African  race,  and  the  belief  now  uni 
versal  among  them,  that  they  are  released  from  any  obligation  to  labor. 
Under  these  circumstances  the  employer  would  have  so  little  induce 
ments  to  risk  his  capital  in  the  hands  of  the  laborer,  or  to  advance 
money  for  food  and  working  animals  in  cultivating  a  crop  which  when 
reaped  would  be  at  the  mercy  of  the  laborers,  that  he  will  certainly 
endeavor  to  make  other  arrangements.  The  effect  will  be  the  abandon 
ment  of  the  negro  to  his  indolent  habits  and  the  probable  relapse  of 
large  portions  of  the  country  into  its  original  forest  condition.  The  two 
races,  instead  of  exchanging  mutual  good  offices,  will  inflict  mutual  evil 
on  each  other;  and  the  final  result  must  be  the  destruction  or  the 
removal  of  the  inferior  race. 

The  appropriate  remedy  for  these  evils  evidently  points  to  the 
necessity  of  training  the  inferior  race;  and  we  are  naturally  lead  to 
look  to  the  means  which  would  be  employed  by  our  own  race  for  the 
same  purpose.  The  African  is  virtually  in  the  condition  of  the  youth, 
whose  inexperience  and  want  of  skill  unfit  him  for  the  privileges  of 
manhood.  He  is  subjected  to  the  guidance  and  control  of  one  better  in 
formed.  He  is  bound  as  an  apprentice  to  be  trained  and  directed;  and 
is  under  restraint  until  he  is  capable  of  discharging  the  duties  of 
manhood. 

Such,  it  seems  to  me,  is  the  proper  instrumentality  which  sho  uld 
now  be  applied  to  the  African  race.  The  vast  body  are  now  substan 
tially  in  a  state  of  minority,  and  are  incapable  of  assuming  the  position 
of  proper  self-regulation.  They  have  all  their  lives  been  subject  to  the 
control  and  direction  of  another,  and  at  present  are  wholly  incapable  of 
self-government.  Alongside  of  them  are  their  former  masters,  fully 
capable  of  guiding  and  instructing  them,  needing  their  labor,  and  not 
yet  alienated  from  them  in  feeling.  The  great  point  to  be  attained  is 
the  generous  application  by  the  one  of  his  superior  skill  and  resources, 


376  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

and  their  kindly  reception  by  the  other.  This  can  be  effected  only  by 
some  relation  of  acknowledged  dependence.  Let  the  untrained  and  in 
capable  African  be  placed  under  indentures  of  apprenticeship  to  his 
former  master  under  such  regulations  as  will  secure  both  parties  from 
wrong,  and  whenever  the  apprentice  shall  have  obtained  the  habits  and 
knowledge  requisite  for  discharging  the  duties  of  a  citizen,  let  him  then 
be  advanced  from  youth  to  manhood,  and  be  placed  in  the  exercise  of  a 
citizen's  rights  and  the  enjoyment  of  the  privileges  attending  such  a 
change.  I  have  no  means  of  procuring  here  a  copy  of  the  laws  passed 
by  the  British  Parliament  on  this  subject  for  the  West  India  Colonies. 
They  are  founded  on  this  idea  of  apprenticeship.  Such  an  adjustment 
of  the  relations  of  the  two  races  would  overcome  many  difficulties,  and 
would  enable  the  emancipation  experiment  to  be  made  under  the  most 
favorable  circumstances.  The  experience  of  the  British  Colonies  would 
afford  valuable  means  for  improving  the  original  plans ;  and,  no  doubt, 
the  practical  common  sense  of  our  people  can,  by  amending  their  errors, 
devise  the  best  possible  solution  of  the  problem,  and  afford  the  largest 
amount  of  good  to  the  African  race. 

The  only  question  which  would  remain  would  be  as  to  the  govern 
ment  which  should  enact  and  administer  the  laws.  Unquestionably  the 
jurisdiction  under  the  Constitution  of  the  United  States  belongs  to  the 
States.  This  fact  will  most  probably  disincline  the  Congress  to  an  early 
recognition  of  the  Southern  States  upon  their  original  footing  under  the 
Constitution,  from  the  apprehension  of  harsh  measures  towards  their 
former  slaves.  The  difficulty  would  be  obviated  if  a  satisfactory  adjust 
ment  could  be  previously  made  of  the  footing  upon  which  the  two  races 
are  to  stand.  If,  by  general  agreement,  an  apprentice  system  could  be 
adopted  in  some  form  which  would  be  satisfactory  as  well  as  obligatory, 
it  seems  to  me  that  most  of  the  evils  now  existing,  or  soon  to  arise, 
would  be  remedied,  and  that  a  fair  start  would  be  made  in  the  proper 
direction.  The  details  of  the  plan  could  be  adjusted  from  the  experience 
of  the  British  Colonies,  and  if  it  should  result  in  proving  the  capacity 
of  the  African  race  to  stand  upon  the  same  platform  with  the  white 
man,  I  doubt  not  but  that  the  South  will  receive  that  conclusion  with 
satisfaction  fully  equal  to  that  of  any  other  State- 
All  of  which  is  respectfully  submitted,  in  the  hope  that  laying  aside 
all  passion  such  an  adjustment  of  this  most  important  matter  may  be 
reached  as  in  the  end  will  be  to  the  mutual  good  of  both  races,  and 
advance,  rather  than  retard,  a  return  of  prosperity  to  our  country. 

I  am  not  aware  that  this  communication  was  answered  by 
President  Johnson — at  least  I  can  find  no  record  of  the  fact 
among  the  papers  of  Mr.  Memminger.  The  fact  of  history 
is  that  the  Republican  party,  then  in  power,  inflamed  in 


RETIRES  TO  HIS  COUNTRY  SEAT.  377 

passion  and  controlled  by  a  fanatical  sentiment,  not  only 
prepared  articles  of  impeachment  against  President  John 
son  for  his  alleged  treasonable  sympathy  with  the  South,  but 
passed  the  civil-rights  bill,  conferring  all  the  rights  of  citi_ 
zenship  upon  the  liberated  slaves,  irrespective  of  their  fitness 
for  the  exercise  of  these  functions,  or  of  their  "  past  condi 
tion  of  servitude." 

"With  the  cheering  presence  of  his  loved  family  circle,  the 
entertainment  of  his  library,  and  in  correspondence  with 
friends,  there  was  at  "  Rock  Hill "  enough  to  engage  the 
mind  of  Mr.  Memminger  and  to  bring  a  sweet  solace  to  the 
disappointed  hopes  of  the  patriot.  When  not  engaged  with 
the  details  of  his  farm,  he  could  always  find  about  his 
hearthstone  the  superior  joys  of  a  noble,  true  life,  and  in 
the  sympathies  of  his  friends  a  consolation  appreciated  by 
him  because  of  the  sincerity  of  their  expressions. 

Among  his  letters  received  during  the  fall  and  winter  of 
1865,  I  find  the  following  from  General  Lee,  which  gives  a 
beautiful  illustration  of  the  character  of  the  great  chieftain, 
while  it  evidences  his  personal  regard  for  Mr.  Memminger: 

LEXINGTON,  27th  November,  1865. 
Hon.  C.  G.  Memminger  : 

MY  DEAE  SIR, — Your  letter  of  the  7th  instant  only  reached  me  a  few 
days  since  and  has  given  me  sincere  pleasure.  I  have  often  thought  of 
you  in  your  distant  home,  with  the  prayerful  hope  that  a  kind  Provi 
dence  would  shield  you  and  yours  from  all  evil,  and  I  am  truly  glad  to 
know  that  our  merciful  God  has  kept  you  under  the  shadow  of  His  wing 
and  has  returned  to  you  unharmed  your  brave  sons. 

Although  our  losses  have  been  great,  we  have  yet  much  to  be  grateful 
for,  and  since  they  have  been  permitted  by  Him  who  ordereth  all  things 
for  our  good,  so  I  am  assured  it  will  be  proved  in  this  instance  if  we  be 
but  patient  and  faithful  to  the  end. 

Your  kind  sympathy  and  continued  friendship  are  very  cheering  to 
me,  and  I  trust  I  may  be  enabled  to  fulfill  here  the  same  purpose  which 
has  governed  me  in  my  previous  life — to  do  the  good  I  could  to  my  State 
and  country.  If  I  can  accomplish  this  it  matters  but  little  in  what  posi 
tion  I  may  be. 

I  hope  your  house  at  Charleston  may  soon  be  restored  to  you  and 
that  a  new  field  of  usefulness  be  opened  to  you  and  your  sons — theresto- 


378  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

ration  and  advancement  of  the  South.  May  your  efforts  be  abundantly 
blessed.  I  have  been  unable  as  yet  to  have  my  family  with  me,  but  I 
hope  to  accomplish  it  next  month,  at  least  so  far  as  Mrs.  Lee  and  some 
of  my  daughters  are  concerned.  We  are  much  scattered.  My  son  Cus- 
tis  is  one  of  the  professors  at  the  Virginia  Military  Institute,  and  is, 
therefore,  near  me.  He  joins  me  in  kindest  regards  to  yourself  and 
family,  and  I  send  my  special  remembrances  to  Mrs.  Memminger  and 
your  daughters. 

With  great  respect  and  undiminished  esteem, 

I  am  most  truly  yours, 
(Signed)  R.  E.  LEE. 

It  was  some  time  before  the  devoted  city  of  Charleston 
could  resume  her  commercial  relations  with  the  interior  of 
the  United  States  and  with  the  seaports  of  the  world.  Be 
yond  and  far  in  excess  of  the  terrible  damage  to  the  city,  by 
a  long  bombardment  and  a  demoralizing  war,  was  the  pres 
ence  of  those  in  her  midst,  who,  following  the  successful 
armies,  were  seeking  in  every  possible  manner  to  humiliate 
the  proud  spirit  of  her  citizens  by  subjecting  them  to  the 
government  of  their  former  slaves,  and  who,  under  the  sanc 
tion  of  forces  impossible  then  to  resist,  were  administering  a 
State  and  municipal  government  that  destroyed  every  legiti 
mate  basis  of  credit  in  the  extravagance  of  the  most  licen 
tious  legislation.  Mr.  Memminger  longed  to  return  to  his 
home  in  the  stricken  city.  His  friends  there  were  needing 
his  advice  and  required  his  legal  experience  to  direct  them 
in  their  troubles.  To  his  natural  desire  to  resume  the  duties 
of  citizenship,  which  he  had  to  an  extent  suspended  when  he 
entered  the  Confederate  service,  was  added  the  necessity  of 
providing  a  better  income  than  could  be  secured  from  the 
wreck  of  his  former  fortune. 

He  had  applied  to  the  Federal  authorities  for  the  restora 
tion  of  his  home,  which  in  no  sense  had  been  abandoned  by 
him,  and  for  this  reason  was  not  subject  to  the  unrighteous 
sequestration  law  under  which  it  had  been  appropriated  by 
the  "Frecdmen's  Bureau/1  He  had  also  applied  for  a  "  par- 


RETIRES  TO  HIS  COUNTRY  SEAT.  379 

don,"  under  the  provisions  of  the  act  of  Congress  requiring 
all  persons  who  were  the  owners  of  twenty  thousand  dollars' 
worth  of  real  and  personal  property,  "and  who  had  engaged 
in  the  rebellion  against  the  United  States,"  to  receive,  upon 
the  approval  of  the  President,  a  pardon,  without  which  they 
were  incapable  of  engaging  in  business  transactions  or  exer 
cising  the  rights  of  citizenship. 


CHAPTER  VIII. 
to  privat<?  Life  —  J-lis  D<?atl?. 


|HE  memorial  of  Mr.  Memminger,  praying  to  be 
admitted  to  the  benefits  of  the  amnesty  procla 
mation  of  President  Johnson,  distinctly  sets  forth 
the  reasons  that  induced  him  to  enter  the  service  of  the 
Confederate  States,  and  why  he  now  desired  to  be  restored 
to  the  rights  of  a  citizen  in  the  United  States.  It  is  in  these 
words  : 

To  His  Excellency  Andrew  Johnson,  President  of  the  United  States  : 

The  memorial  of  C.  G.  Memminger,  of  South  Carolina,  respectfully 
showeth  — 

That  your  memorialist  is  excluded  from  the  benefit  of  the  amnesty 
proclamation  of  the  President  of  the  United  States  under  two  of  the  ex 
ceptions  made  therein  —  namely,  that  which  excepts  persons  who  held 
office  under  the  late  Confederate  government,  and  that  which  excludes 
persons  whose  property  exceeded  twenty  thousand  dollars  in  value. 

Your  memorialist  engaged  in  the  late  war  with  the  United  States 
under  the  conviction  that  his  duty  to  the  State  of  South  Carolina,  of 
which  he  was  a  citizen,  required  him  to  do  so.  That  State  in  the  year  of 
1834,  by  a  convention  of  her  people,  asserted  thQ  doctrine  that  paramount 
allegiance  was  due  to  her,  and  by  an  amendment  of  her  Constitution  re 
quired  a  corresponding  oath  from  her  citizens,  which  oath  your  memo 
rialist  has  been  repeatedly  required  to  take  as  a  public  officer.  In 
1851  another  convention  asserted  the  right  to  secede  from  the  Union, 
and  in  1860  that  assertion  was  practically  put  in  operation  by  an  ordi 
nance  of  secession.  In  1865  the  State  by  another  convention  has  re 
pealed  this  ordinance  and  resumed  her  place  in  the  Union,  and  by  a 
change  of  the  State  Constitution  has  receded  from  the  position  taken  in 
1834  and  in  1851,  and  thereby  relieves  her  citizens  from  the  conflicting 
duties  of  obedience  to  the  Federal  and  State  authorities.  Under  these 
circumstances  your  memorialist,  with  the  same  sincerity  and  conviction 
of  duty  which  has  hitherto  governed  him,  respectfully  proffers  his  sub 
mission  to  the  authorities  of  the  United  States,  and  hereby  declares 

[  380  ] 


RETURN  TO  PRIVATE  LIFE.  381 

his  readiness  to  discharge  the  duties  of  a  citizen  of  the  United  States. 
He  has  accordingly  taken  the  oath  required  by  the  amnesty  proclama 
tion,  a  copy  whereof  is  hereunto  annexed,  and  respectfully  prays  that 
the  benefits  of  the  said  amnesty  may  be  extended  to  him,  and  that  he 
may  be  admitted  to  all  the  privileges  of  a  citizen  of  the  United  States; 
and  your  memorialist  will  ever  pray,  etc. 

Pending  the  consideration  of  this  memorial  the  home  of 
Mr.  Memminger  in  Charleston  continued  to  be  occupied  by 
the  Freedmen's  Bureau.  Time  and  again  he  had  applied 
for  its  restoration  without  avail.  Finally,  and  as  the  result 
of  an  appeal  to  the  President  and  to  his  Secretary  of  State, 
Mr.  Seward,  orders  were  issued  to  the  Commissioner  at 
Charleston  to  provide  another  place  for  the  negro  "orphan" 
children  and  restore  Mr.  Memminger  to  his  property  "  at  a 
reasonable  rental  until  the  decision  of  the  President  shall  be  had 
with  regard  to  his  pardon."  This  " pardon  "  finally  came, 
and  Mr.  Memminger  was  fully  restored  to  all  of  his  "  rights, 
immunities  and  privileges  "  as  a  citizen  of  the  United  States. 

I  give  the  order  of  the  Commissioner  restoring  him  to  the 
possession  of  his  home  as  one  of  the  curiosities  of  that  period. 

HEADQUARTERS  ASSISTANT  COMMISSIONER 
BUREAU  REFUGEES,  FREEDMEN  AND  ABANDONED  LANDS,  SOUTH  CAROLINA, 

Charleston,  S.  C.,  January  7, 1867. 

C.  G.  Memminger,  an  applicant  for  the  restoration  of  house  and  lot, 
corner  of  Wentworth  and  Smith  streets,  Charleston,  S.  C.,  held  by  the 
"Bureau  of  Refugees,  Freedmen  and  Abandoned  Lands,"  having  con 
formed  to  the  requirements  of  Circular  15,  of  said  Bureau,  dated  Wash 
ington,  D.  C.,  September  12,  1865,  the  aforesaid  property  is  hereby  re 
stored  to  his  possession;  it  being  understood  that  such  restoration  does 
not  include  the  rents  or  other  profits  that  may  have  accrued  to  the 
United  States  government  during  the  time  the  said  property  has  been 
in  his  possession,  and  that  the  aforesaid  C.  G.  Memminger  relinquishes 
all  claims  against  the  United  States  government  for  damages. 

By  direction  of  the  War  Department  this  property  is  restored  subject 
to  the  present  occupancy  of  the  premises  for  military  purposes. 
(Signed)  R.  K.  SCOTT, 

Brevet  Major-General,  Assistant  Commissioner. 

If  the  presence  of  this  order  from  one  who  was  notorious 
in  South  Carolina  for  his  method  of  filling  his  purse  should 


382  LIFE  AND  TIMES  Off  C.  G.  MEMMINGER. 

mar  'this  page,  it  is  nevertheless  a  historic  document,  and 
will  give  to  the  reader  one  of  the  many  "forms  of  law"  by 
which  our  helpless  people  were  deprived  of  their  property, 
&nd  in  some  instances,  were  reduced  to  actual  want. 

It  was  not  long  after  this  order  was  issued  before  the  lib 
eral  application  of  disinfectants  with  the  painter's  brush 
and  the  mechanic's  skill  had  made  the  dear  old  home  again 
to  look  as  in  days  of  yore,  and  the  happy  family  were  once 
more  gathered  together  at  its  fireside  altars. 

Mr.  Memminger  rejoined  his  faithful  partner,  Mr.  Wil 
liam  Jervey,  and  commenced  again  the  active  practice  of 
law.  Returning  to  the  responsibilities  which,  for  some 
time,  he  had  to  a  great  extent,  transferred  to  his  faithful 
partner,  Mr.  Memminger  found  him  at  his  post  of  duty 
ready  to  aid  him  in  labors  inseparable  from  the  proper  dis 
charge  of  professional  obligations.  Beyond  the  friendly 
regard,  which  a  long  and  pleasant  relation  had  engendered, 
Mr.  Memminger  was  much  attached  to  Mr.  Jervey.  His  in 
tegrity  as  a  man,  and  many  manly  virtues,  had,  by  a  moral 
law  of  affinity,  drawn  these  good  men  together  in  relations 
that  had  assumed  the  closest  friendship.  Mr.  Memminger 
was  not  one  of  those  whose  confidence  could  be  easily  won, 
and  was  seldom  mistaken  in  his  estimate  of  character.  As 
his  respect  for  the  revealed  character  of  an  individual  grew 
his  friendship  slowly,  but  certainly  followed  ;  the  one  pre 
ceded  the  other  as  a  cause  goes  before  an  effect.  I  can  best 
give  the  reader  an  outline  of  the  character  of  Mr.  Jervey 
by  extracting  from  the  proceedings  of  the  "Bar  Associa 
tion  "  of  Charleston,  the  address  of  Mr.  Memminger,  as  re 
ported  in  the  Charleston  Daily  News,  of  September  15, 1870, 
It  is  as  follows  : 

Colonel  C.  G.  Memminger  introduced  the  following  preamble  and 
resolutions,  and  spoke  in  the  most  glowing  terms  of  Mr.  Jervey.  His 
words  were  beautifully  chosen,  and  showed  that  he  keenly  felt  the  loss 
of  his  friend  and  colleague  of  thirty  years,  during  the  whole  of  which 


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RETURN  TO  PRIVATE  LIFE.  383 

time  he  had  been  intimately  associated  with  him  in  all  of  the  most  try 
ing  relations  of  life,  and  had  never  once  known  him  to  use  an  unkind  tone 
or  word.  Like  a  ripe  shock  of  corn  he  has  been  gathered.  It  grieves  me  to 
lose  so  true  a  friend,  yet  I  would  not  call  him  back  for  one  moment. 
The  eminent  characteristic  of  this  good  man  was  purity.  He  honestly 
used  all  the  means  God  gave  him  to  cultivate  his  intellect.  Those  who 
come  hereafter  may  point  to  his  record  and  say,  "This  is  the  man  to  im 
itate."  Another  one  of  the  ancient  and  most  highly  revered  members 
of  our  brotherhood  has  been  taken  from  us,  and  we  are  here  met  to  de 
plore  our  loss  and  to  record  our  estimate  of  his  worth.  William  Jervey, 
who  has  moved  among  us  for  more  than  thirty-five  years,  the  pattern 
of  professional  excellence  and  the  example  of  private  virtue,  has  fin 
ished  his  course,  and  was  called  to  rest  on  Friday  last,  the  9th  instant. 
The  loss  is  ours,  the  gain  is  his. 

The  influence  and  example  of  such  a  man  are  of  inestimable  value. 
Every  member  of  our  profession  who  has  been  brought  in  contact  with 
him  will  bear  testimony  to  the  parity  of  his  character,  his  unfailing 
courtesy  and  watchful  kindness.  His  motives  of  action  were  so  trans 
parent  that  no  single  spot  obscured  their  beauty ;  perfectly  single-minded 
and  sincere,  his  straight-forward  integrity  impressed  all  that  had  busi 
ness  relations  with  him,  and  his  high-toned  truthfulness  inspired  entire 
confidence.  To  all  this  were  added  a  mildness  and  readiness  to  impart 
knowledge,  which  drew  to  him  his  younger  brethren,  and  there  are 
many  around  me  who  will  deplore  his  removal  as  the  loss  of  a  friend 
and  a  brother. 

Although  well  qualified  by  position,  attainments  and  character  to 
take  part  in  public  life,  he  steadfastly  avoided  all  public  office  and  de 
voted  himself  to  the  duties  of  his  profession.  Nevertheless,  as  an  indi 
vidual  citizen,  he  was  always  ready  to  take  his  place  wherever  duty 
called,  and  although  not  obtrusive,  was  ever  firm  and  consistent.  His 
integrity  was  combined  with  that  generosity  of  nature,  which,  while  it 
soared  entirely  above  the  region  of  wrong,  was  always  ready  to  make 
allowance  for  and  to  forgive  the  weakness  of  others.  Kindness  and 
charity  were  his  daily  companions,  and  the  symmetry  of  his  character 
was  completed  by  Christian  consistency  :  therefore, 

Resolved,  That  in  the  death  of  William  Jervey  the  Bar  of  Charles 
ton  has  lost  one  of  its  most  cherished  and  respected  members. 

Resolved,  That  the  purity,  integrity,  and  excellence  of  character  of 
the  deceased  stand  forth  a  conspicuous  monument  of  the  virtues  of  the 
Charleston  Bar. 

It  may  be  assumed  that  a  law  firm,  having  at  its  head  one 
possessing  his  knowledge  and  experience,  and  who  was  so 
widely  known  and  respected  as  was  Mr.  Memniinger,  would 
not  be  without  a  good  clientage. 


384  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

For  many  years  preceding  the  revolution  that  had  drawn 
him  into  its  vortex,  he  had  been  in  the  front  rank  of  the 
many  eminent  men  who  had  made  the  Bar  of  Charleston 
and  of  South  Carolina  distinguished  for  its  high  character, 
and  was  justly  regarded  as  authority  on  all  questions  of  com 
mercial  law.  The  deranged  condition  of  all  business 
affairs,  and  especially  the  changed  relations  between  master 
and  servant,  brought  about  by  the  unwise  and  vindictive 
legislation  of  the  Federal  Congress,  had  brought  to  ruin  many 
large  estates,  while  the  local  and  State  governments  had  so 
depressed  the  commerce  of  Charleston  that  the  good  lawyer 
found  more  than  ever  to  engage  his  mind,  to  tax  his  sympa 
thies,  and  to  consume  his  time. 

In  order  to  meet  these  increased  labors,  Mr.  C.  C.  Pinck- 
ney,  Jr.,  the  son-in-law  of  Mr.  Memminger,  who  had  just 
been  admitted,  was  added  to  the  firm  on  January  1, 1887. 

Between  him  and  Mr.  Memminger  there  always  subsisted 
the  warmest  relations  of  sympathy  and  admiration  on  the 
part  of  the  junior,  and  confidence  and  affection  on  the  part 
of  the  senior. 

The  active  mind  and  energetic  spirit  of  Mr.  Memminger 
were  not  to  be  confined  to  the  routine  duties  of  a  lawyer  in  full 
practice.  There  were  other  avenues  of  enterprise  opening 
about  him,  into  which  he  was  drawn  by  circumstances  which 
often  bring  the  lawyer  into  other  relations  with  the  business 
world  than  those  of  counsellor  and  client. 

Immense  beds  of  calcareous  nodules,  containing  numerous 
fossil  bones,  had  long  been  known  to  exist  in  the  vicinity  of 
Charleston.  "While  Agassiz,  Tuomey,  Holmes  and  other 
geologists  had  called  attention  to  these  deposits,  it  was  not 
until  the  year  1867  that  Dr.  N.  A.  Pratt,  of  Georgia,  then 
resident  at  Charleston,  discovered  the  large  per  cent,  of 
available  phosphate  of  lime  which  they  contained.  He  at 
once  sought  to  enlist  the  capitalists  of  Charleston  in  an  en 
terprise  of  manufacturing  from  these  nodules,  or  "phosphate^ 


RETURN  TO  PRIVATE  LIFE.  385 

rock/'  ac  he  first  denominated  the  deposit,  a  commercial  fer 
tilizer.  The  history  of  the  great  phosphate  industry  of  South 
Carolina  is  one  of  the  many  instances  in  the  history  of 
great  enterprises  where  the  positive  knowledge  of  science  has 
had,  for  a  time,  to  seek  in  vain  for  recognition  among  those 
whose  lack  of  faith  was  as  great  as  was  their  unwillingness  to 
use  the  power  of  money  in  the  execution  of  what  they  believed 
to  be  no  more  than  a  commercial  venture.  For  a  time  Dr. 
Pratt,  despite  the  positive  demonstration  of  his  analysis,  met 
only  with  such  objections  and  skeptical  criticisms  as  evi 
denced  a  want  of  confidence  in  the  value  of  his  discovery. 
It  was  not  until  May,  1868,  that  the  Doctor  brought  the  mat 
ter  to  the  consideration  of  Mr.  Memminger,  whose  business 
sagacity,  enterprising  spirit  and  well-known  integrity  in 
duced  the  formation  of  a  company  for  the  manufacture  of 
sulphuric  acid  and  super-phosphates.  This  company  com 
posed  of  Dr.  Pratt,  Mr.  W.  C.  Bee,  Robert  Adger  and  Mr. 
Memminger;  was  chartered  as  the  Sulphuric  Acid  and  Super- 
Phosphate  Company,  which  name  was  later  changed  to  the 
Etiwan  Phosphate  Company,  Mr.  Memminger  being  made 
president  and  Dr.  Pratt  the  chemist.  On  the  14th  of  De 
cember,  1868,  the  first  acid  chamber  ever  built  south  of  Bal 
timore  was  in  full  operation.  In  an  interesting  article  con 
tributed  by  Dr.  Pratt  to  Dixie,  an  industrial  magazine 
published  at  Atlanta,  Ga.,  he  says  that  "  this  was  the  first 
company  in  the  South  to  manufacture  acid  on  a  commercial 
scale — to-wit,  15,000  pounds  per  day/'  and  that  the  manufac 
ture  "  has  continued  from  that  time  without  interruption." 

The  operations  of  the  Etiwan  Company,  thus  launched  as 
the  pioneer  of  a  grand  industry,  met  with  immediate  and 
great  success.  Under  the  stimulus  of  this  example,  many 
others,  upon  the  same  plan,  sprang  rapidly  up  in  its  wake. 

Thus  was  inaugurated,  through  the  sound  judgment  and 
enterprising  spirit  of  Mr.  Memminger,  in  co-operation  with 
25 


386  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

the  skill  of  an  eminent  chemist,  an  enterprise  which  was  but 
the  forerunner  of  the  many  that  have  added  immensely  to 
the  wealth  and  commerce  of  Charleston,  while  they  have 
conferred  a  great  boon  upon  the  planting  interests  of  the 
whole  country.  From  this  initial  mill  of  the  Etiwan  Com 
pany  there  are  now  twenty-two  companies  in  active  operation 
in  the  vicinity  of  Charleston,  manufacturing  fertilizers  and 
employing  an  aggregate  capital  of  $4,500,000,  while  others, 
giving  employment  to  many  hundred  hands,  are  mining  and 
exporting  the  crude  phosphate  rock  to  foreign  ports,  the 
mines  of  South  Carolina  being  the  leading  source  of  supply  of 
phosphate  for  the  world. 

While  the  cares  of  his  law  office  and  the  general  supervis 
ion  of  the  company,  whose  success  was  to  be  the  precursor 
of  a  return  of  prosperity  to  his  loved  city,  occupied  his 
mind,  Mr.  Memminger  was  deeply  concerned  for  the  welfare 
of  his  State.  Under  the  provisions  of  the  " civil  rights" 
act  of  Congress  and  of  the  fifteenth  amendment  to  the  Consti 
tution  of  the  United  States,  the  recently  liberated  slaves 
were  not  only  enfranchised,  but  were  encouraged  to  assert 
the  rights  of  citizenship  thus  conferred  upon  them  in  a  man 
ner  that  was  constantly  provoking  the  white  citizens  of  the 
State  to  acts  of  violence.  Under  the  administration  of  offi 
cers  appointed  from  a  recently  victorious  army,  and  who 
were  supported  in  their  authority  by  troops  garrisoned 
throughout  the  State,  a  government  was  inaugurated,  which 
in  every  feature  was  a  disgrace  to  the  power  that  sustained  it 
and  an  outrage  on  the  civilization  of  the  age. 

The  vindictive  spirit  of  the  party  in  control  of  the  gov 
ernment  of  the  United  States  seemed  to  be  exercised  in 
order  to  heap  upon  the  devoted  people  of  South  Carolina 
every  indignity  which  malice  or  passion  could  suggest. 

Ignorant  negroes,  inflamed  by  appeals  to  their  impulsive 
natures,  and  misled  by  false  arid  ridiculous  promises, 
elected  to  every  office,  from  governor  to  constable,  men  who 


RETURN  TO  PRIVATE  LIFE.  387 

were  either  unprincipled  adventurers,  seeking  only  to  better 
their  fortunes,  or  the  debauched  native  whose  licentious 
ness  was  among  the  least  of  his  vices,  or  the  ignorant,  the 
conceited  or  reckless  among  their  own  race.  The  capi 
tal  of  the  proud  old  Commonwealth,  where  from  the  ear 
liest  colonial  days  had  been  reflected  the  virtues  of  the  Cava 
lier  and  the  Huguenot,  hard  become  the  focal  point  of  all 
that  was  mean,  servile,  and  corrupt.  The  gown  that  had 
once  been  the  recognized  symbol  of  dignity,  and  the  vest 
ment  of  an  incorruptible  integrity,  was  unblushingly  worn 
in  the  courts  of  the  State  by  men  whose  claim  to  citizen 
ship  dated  no  farther  back  than  to  the  coming  of  an  army 
of  invasion,  and  whose  highest  conception  of  duty  was  to 
enforce  the  measures  of  the  political  party  in  power.  The 
College  of  the  State,  grand  old  alma-mater  of  statesmen, 
jurists,  scholars  and  divines,  a  nursery  in  which  wisdom 
and  virtue  had  impressed  their  great  truths  upon  the  youth 
of  the  State  through  generations,  was  made  a  hot-bed  in 
which  to  nourish  the  weeds  of  passion,  prejudice,  and 
spleen,  and  from  which  was  disseminated  among  ignorant 
negroes,  a  false  philosophy  and  a  perverted  history.  School- 
houses  and  academies,  under  State  patronage  and  State 
supervision,  were  presided  over  by  imported  teachers,  who, 
between  the  spelling-book  and  the  black-board,  would  sup 
plement  their  professed  missionary  work  by  endeavoring  to 
fix  in  the  young  negro's  mind  a  bitter  hatred  of  the  white 
people  who  were  once  their  masters.  Under  varied  pretexts 
the  public  treasury  had  been  plundered  and  the  public 
debt  increased  to  such  an  extent  that  complete  bankruptcy 
seemed  to  be  the  inevitable  fate  of  the  State. 

Such  was  the  condition  of  South  Carolina  in  1876.  Re 
volting  as  it  may  be  to  every  honest  person,  this  picture  is 
not  overdrawn. 

Aroused  by  these  outrages,  the  people  of  South  Carolina, 
to  whom  had  come  by  right  of  inheritance,  a  duty  of  citi- 


388  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEK. 

zenship  more  sacred  than  any  obligation  they  could  possi 
bly  owe  to  so  corrupt  a  government,  appealing  to  the  vir 
tuous  everywhere,  by  a  concerted  action  and  manly  courage, 
worthy  of  their  sires,  threw  off  this  infamous  government 
and  organized  one  whose  representatives  were  native-born 
citizens  of  known  integrity  and  patriotism.  This  bloodless 
revolution  has  made  the  year  1876  as  memorable  in  the  an- 
nals  of  South  Carolina  as  any  in  her  eventful  history.  It 
restored  the  State  government  to  those  to  whom  it  right 
fully  belonged,  and  who  were  worthy  of  the  high  trust.  It 
was  the  trium.ph  of  virtue  over  vice,  the  courage  of  truth 
over  the  cowardice  of  falsehood,  and  the  spirit  of  the  Anglo- 
Saxon  race  applauded  the  achievement  even  amid  the 
snows  of  New  England. 

The  meeting  of  the  Legislature  of  1877  brought  to  Co 
lumbia  many  members,  who  in  the  golden  period  of  the 
history  of  South  Carolina,  had  maintained  the  honor  of  the 
State  and  kept  bright  her  fair  escutcheon.  Among  them 
was  Mr.  Memminger,  returned  from  the  goodly  parish  of 
St.  Philips  and  St.  Michaels,  and  by  a  constituency  he  had 
represented  in  this  body  from  his  early  manhood.  He  was 
assigned  to  duty  at  his  old  post  of  honor,  and  as  chairman 
of  the  Committee  of  Ways  and  Means,  brought  all  the 
energies  of  his  mind  to  wrork  to  try,  if  possible,  to  restore 
the  lost  credit  of  the  State. 

It  would  extend  this  work  far  beyond  the  scope  intended 
were  I  to  attempt  to  give  in  detail  the  disgusting  revelations 
which  were  made  when  committees  proceeded  to  investigate 
the  affairs  of  the  State  and  to  ascertain  the  extent  to  which 
the  public  money  had  been  appropriated  to  private  uses, 
and  the  credit  of  the  State  compromised.  At  least  two 
large  volumes  of  reports,  setting  forth  in  detail  the  most 
disgraceful  transactions,  are  to  be  found  among  the  records 
of  the  State,  and  will  no  doubt  give  to  some  future  histo 
rian  ample  material  for  a  narrative  of  knavery  unparalleled 


RETURN  TO  PRIVATE  LIFE.  389 

in  the  annals  of  legislation.  Let  it  now  suffice  to  say  that 
following  these  investigations  all  that  it  was  possible  to  do 
was  done  to  bring  the  most  culpable  of  these  offenders  to 
a  well-merited  punishment.  When  men  of  honor  at  the 
North,  irrespective  of  their  political  affiliations,  ascertained 
that  South  Carolina  was  redeemed  and  the  affairs  of  state 
restored  to  the  management  of  men  whose  public  and  pri 
vate  characters  were  known  to  be  beyond  reproach,  a  new 
life  was  infused  into  all  business  enterprises,  and  in  every  re 
spect  the  future  of  the  State  became  more  auspicious,  promis 
ing  a  return,  at  no  distant  day,  of  prosperity  to  her  citizens. 

It  was  at  this  session  of  the  Legislature  that  Mr.  Memmin- 
ger  brought  forward  a  bill  to  reorganize  the  South  Carolina 
College.  No  one  of  her  sons  was  more  attached  to  his  alma- 
mater  and  none  more  active  or  devoted  in  her  service. 

While  he  was  willing  to  recognize  as  a  fact  that  education 
was  necessary  in  order  to  fit  the  negro  for  the  proper  appre 
ciation  of  his  functions  of  citizenship,  and  he  was  disposed 
to  make  the  experiment  and  to  urge  the  Legislature  to  make 
a  liberal  provision  for  this  purpose,  his  knowledge  of  human 
nature  assured  him  that  it  was  best  for  both  races  that  this 
training  should  be  conducted  at  separate  institutions. 

I  regret  th.at  I  have  not  been  able  to  secure  a  report  of  his 
speech  made  in  the  House  of  Representatives  upon  this 
most  important  subject.  Those  who  were  present  inform 
me  that  it  was  among  the  most  logical  and  eloquent  of  the 
many  that  had  been  delivered  by  him  in  this  body  and  had 
heretofore  given  direction  to  its  legislation. 

With  this  session  of  the  Legislature  the  public  life  of  Mr. 
Memminger,  to  a  certain  extent,  was  brought  to  a  close. 
With  the  adjournment  of  the  House  of  Representatives  he 
had  appeared  for  the  last  time  in  this  council  chamber  of  his 
State,  and  as  a  legislator  had  rendered  his  last  service  to  a 
constituency  who  had  long  honored  him  with  their  confi 
dence. 


390  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

Having  done  all  that  it  was  possible  for  him  to  do  in  aid 
ing  his  countrymen  to  bring  back  to  the  State  the  prosperity 
she  had  once  known,  he  closed  his  long  record  of  service  in 
her  behalf,  leaving  it  to  posterity,  unsullied  by  a  single  rep 
rehensible  act,  and  as  clean  as  the  motives  that  inspired  his 
patriotism  were  pure  and  unselfish. 

It  was  at  this  time  that  a  shadow  fell  across  the  hearth 
stone  of  Mr.  Memminger — a  chilling  shade  that  sooner  or 
later  pales  the  brightest  lights  of  the  happiest  home — a 
shadow  coming  from  far  in  the  infinite  future,  and  reaching 
across  the  horizon  of  life,  to  envelop  the  form  of  some  loved 
one  in  the  mysterious  veil  of  death.  She  who  had  been  the 
love  of  his  youth,  the  companion  of  his  matured  years,  and 
the  mother  of  his  children,  was  now  before  him  still  and  cold 
in  death.  The  chord  that  had  so  long  and  so  sweetly  made 
perfect  the  harmony  of  his  home  was  broken,  and  mute  was 
the  harp  whose  glad  refrain  had  given  joy  to  his  soul  as  the 
years  with  their  burdens  of  care  went  by. 

The  death  of  Mrs.  Memminger  could  not  but  deeply  affect 
one  who  had  the  manly  nature  of  her  husband.  At  the 
grave  of  his  wife  he  wras,  as  in  all  things  and  under  all  cir 
cumstances,  a  sincere  Christian.  The  faith  of  his  religion 
gave  to  him  an  assurance  that  the  severed  ties-  of  his  loves 
would  again  be  united  in  an  immortal  state  of  existence,  to 
which  the  grave  was  but  a  gateway,  and  with  this  assurance 
he  moved  on  to  meet  the  duties  of  life  with  the  spirit  and 
the  manly  courage  that  had  always  characterized  his  ac 
tions. 

One  whose  whole  life  has  been  one  of  labor,  whose  mind 
is  yet  active  in  its  normal  functions,  whose  physical 
strength  remains  to  bless  his  old  age,  cannot  live  long  with 
out  some  employment.  To  work  has  become  a  law  of  being 
which  cannot  be  suspended  without  hastening  the  end  of 
physical  existence.  He  well  knew  that  "  absence  of  occu 
pation  is  not  rest."  Whether  this  fact  in  the  history  of 


RETURN  TO  PRIVATE  LIFE.  391 

intelligent  men  had  become  known  to  Mr.  Memminger,  or 
whether  he  desired  employment,  without  a  consciousness  of 
the  operations  of  the  law,  it  is  not  at  all  necessary  to  discuss 
here.  His  experiences  could  not  have  been  exceptions  to  a 
general  rule,  in  this  respect;  and  he  worked  on  to  the  end 
of  a  life  protracted  through  more  than  four-score  years. 
Full  of  honors,  and  held  in  the  highest  esteem  among  his 
fellow  citizens;  blessed  with  fortune,  which  always  comes  to 
reward  the  judicious  labor  of  the  prudent,  he  might  have 
retired  to  the  dignified  seclusion  of  his  charming  home  at 
Flat  Rock,  or  spent  the  evening  of  his  life  with  the  loves  of 
his  "City  by  the  Sea," 

It  was  about  this  time  that  the  enterprise  of  uniting  the 
commercial  centers  of  the  West  to  the  seaboard  at  Charles 
ton,  by  a  more  direct  line  of  railway  than  was  then  existing, 
was  revived  in  the  project  of  the  Spartanburg  and  Asheville 
railroad.  The  route  surveyed  was  deemed  more  practicable 
than  the  one  located  by  Rabun  Gap,  and  that  had  burdened 
the  State  with  the  attempted  construction  of  the  Blue  Ridge 
railroad.  Always  ready  to  advance  the  interests  of  the 
State  and  to  add  to  the  commercial  facilities  of  her  leading 
seaport,  Mr.  Memminger  accepted  the  presidency  of  this 
railway  company,  and  brought  to  the  discharge  of  this  duty 
the  earnest  spirit  and  honest  purpose  which  had  always  been 
his  leading  business  characteristic.  He  held  the  office  but  a 
short  time;  long  enough,  however,  to  have  made  the  con 
struction  of  the  road  an  assured  fact.  He  then  resigned  the 
presidency  and  transferred  its  responsibility  to  other  hands. 

In  the  discharge  of  the  routine  duties  of  his  extensive  law 
practice,  in  the  fostering  care  of  the  public  schools  of 
Charleston,  with  the  loves  of  his  elegant  city  home,  or  in  the 
summer  at  Rock  Hill,  his  well-spent  life  found  a  beautiful 
evening  of  entertainment  and  rational  repose.  He  still  con 
tinued  to  take  a  lively  interest  in  public  affairs,  especially  in 
such  matters  as  affected  the  interests  of  the  city  in  whose 


392  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEE. 

welfare  he  had  labored  and  spent  the  best  years  of  his  life. 
Charleston  was  visited  by  a  calamity  on  the  31st  of  August, 
1886,  unprecedented  in  the  history  of  the  cities  of  the  United 
States.  To  the  demoralizations  of  a  long  and  unsuccessful 
war;  to  the  wreck  and  the  ruin  of  a  protracted  blockade  of 
her  port  and  bombardment,  was  now  added  the  indescriba 
ble  horrors  of  an  earthquake  that  shook  the  devoted  city  to 
its  foundations.  While  there  have  been  many  descriptions 
given  of  this  appalling  disaster;  while  in  the  shattered  walls 
and  marred  features  of  many  historic  buildings  the  artist  has 
made  pictures  to  exhibit  the  effect  of  the  terrible  force  that 
well  nigh  wrought  the  complete  destruction  of  the  city,  no 
pen  or  skill  of  art  can  convey  an  adequate  idea  of  the  con 
sternation  that  overwhelmed  the  good  people  who,  amid 
every  disaster  and  under  every  circumstance  of  misfortune, 
remained  to  share  the  fate  of  their  loved  home.  This  mem 
orable  event  was  not  without  those  features  of  good  that  are 
more  or  less  connected  with  all  evil.  Great  calamities  never 
befall  individuals  or  communities  but  that  there  is  aroused 
a  sympathy  which  overcomes  all  ill-will,  and  in  acts  of  gen 
erous  kindness  give  expression  to  the 'best  traits  of  our  hu 
manity.  Charleston — contemned  by  those  who  only  knew  of 
the  good  city  as  the  "  Birthplace  of  Secession,"  and  who  were 
embittered  against  her  citizens  by  the  misrepresentations  of 
malignant  enemies — the  city  that  had  been  traduced  by  her 
rivals  in  commerce,  and  had  been  ridiculed  in  her  misfor 
tunes  of  war,  even  by  those  she  had  once  fostered,  now  re 
ceived  good  words  of  cheer  from  every  section,  and  substan 
tial  evidences  of  the  fact  that  behind  all  censures  and  all 
jealousies,  there  was  a  respect  for  the  historic  place,  and  an 
admiration  for  her  gallant  citizens  stronger  than  passion  and 
superior  to  all  prejudices. 

Among  the  many  of  her  citizens  who  came  to  the  relief 
of  the  stricken  city,  and  whose  energies  were  freely  spent 
in  meeting  the  greatest  emergency  in  her  history,  none  were 


RETURN  TO  PRIVATE  LIFE.  393 

more  devoted  than  her  worthy  mayor.  Without  delay  he 
organized  every  force  at  his  command  for  the  restoration  of 
the  city,  and  in  a  few  months  had  the  satisfaction  of  seeing 
Charleston  restored,  at  least  in  appearance,  to  as  good,  if 
not  better,  condition  than  before  the  earthquake  filled  her 
streets  with  shattered  walls  and  broken  columns.  In  this 
work  the  city  administration  met  with  so  much  opposition 
to  the  plans  adopted  as  to  threaten  with  delay  the  restora 
tion  of  the  city.  At  this  juncture  of  affairs  Mr.  Memmin- 
ger  published  the  following  "  open  letter,"  which  had  the 
desired  effect,  and  the  city  administration  continued  its 
great  work  without  further  molestation  : 

To  the  Hon.  Wm.  A.  Courtney,  Mayor  of  Charleston  : 

The  writer  of  this  article  is  a  reader  of  history,  and  he  has  in  his 
reading  frequently  been  called  to  notice  the  fact  that  every  important 
achievement  has  been  the  work  of  some  one  man.  This  man  has 
planned,  and  really  been  the  efficient  agent  of  the  work,  and  if  he  had 
never  lived,  the  work  would  probably  never  have  had  existence. 

It  seems  to  me,  therefore,  that  where  in  any  community,  an  individ 
ual  takes  hold  of  an  enterprise,  which  it  is  evident  that  he  completely 
understands  and  is  eminently  fitted  to  promote,  that  it  exhibits  great 
unwisdom  in  that  community  to  check  his  zeal  or  to  tie  his  hands. 

We  need  some  such  person  to  come  to  our  aid  at  this  time,  when  so 
many  calamities  have  fallen  upon  our  unfortunate  city,  and  I  am  one  of 
those  who  think  that  you  have  the  qualities  which  can  help  us  to  over 
come  our  difficulties.  I  am,  therefore,  much  concerned  to  see  that  there 
are  persons  among  us  who  are  endeavoring  to  discourage  your  efforts, 
and  I  have  thought  it  might  repress  their  action,  if  they  knew  how 
much  a  single  individual  has  been  able  to  effect  under  like,  or  even 
more  untoward,  circumstances. 

In  1755,  about  130  years  ago,  the  earthquake  occurred  which  de 
stroyed  the  city  of  Lisbon,  with  60,000  of  its  inhabitants;  this  catastro 
phe  occurred  at  a  most  unfortunate  time,  for  an  unwise  King  had  just 
wasted  the  entire  contents  of  his  treasury  in  erecting  a  useless  and  very 
expensive  building,  and  when  he  died  could  not  command  money 
enough  for  the  expenses  of  his  funeral. 

With  his  capital  in  ruins,  his  people  disheartened,  and  every  public 
institution  in  a  state  of  destitution,  the  Marquis  of  Pombal,  one  of  the 
statesmen  of  Portugal,  had  the  courage  to  take  in  hand  the  reins  of 
government.  The  people  had  the  good  sense  to  trust  him,  and  in 
twenty-seven  years  the  capital  was  rebuilt,  and  under  the  judicious 


394  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

management  of  the  minister,  the  army  and  navy  was  restored,  the  pub 
lic  institutions  all  set  in  healthy  action,  and  with  one  hundred  and  sixty- 
six  millions  of  money  collected  and  deposited  in  the  treasury,  he  re 
signed  his  office,  and  delivered  up  his  country  to  the  prosperity  which 
followed  him. 

Now  there  is  no  reason  why,  in  some  other  country,  another  statesman 
with  equal  zeal  and  less  resources,  may  not  at  least  come  within  sight 
of  like  achievements;  and 'with  the  success  which  has  attended  what 
you  have  accomplished,  it  seems  to  me  that  these  fault-finders  had 
better  stay  their  hands,  but  above  all,  that  you  should  disregard  their 
complaints,  and  go  on,  according  to  your  own  judgment,  and  follow  the 
noble  example  which  I  have  cited.  There  are  many  of  us,  your  fellow- 
citizens,  who  are  looking  on,  and  who  will  most  cordially  receive  the  re 
sults,  which  we  believe  will  follow  your  exertions  here,  as  they  have 
followed  the  very  successful  fire  department  of  Charleston. 

(Signed)  C.  G.  MEMMINGER. 

With  increased  years  came  the  failure  of  the  strong  physi 
cal  constitution  of  Mr.  Memminger,  and  to  such  an  extent 
that  the  active  duties  of  his  law  office  were  transferred  to  his 
junior  partner. 

There  is  nothing  that  brings  more  satisfaction,  that  gives 
a  more  substantial  joy  to  old  age,  than  the  realization  of  a 
successful  and  a  well-spent  life.  Add  to  this  the  respect  of  an 
appreciative  people,  their  proper  recognition  of  his  merit,  and 
the  good  man's  cup  is  full. 

Mr.  Memminger  lived  to  realize  all  of  this;  to  receive  in 
public  and  in  private  the  sincere  expressions  of  a  grateful 
people's  regard,  and  finally  to  pass  the  dividing  line  between 
time  and  eternity  with  their  blessings  as  a  most  gracious 
benediction. 

In  recognition  of  his  services  to  the  city  and  to  the  State, 
the  Legislature  of  South  Carolina  authorized  the  Board  of 
Education  in  Charleston  to  erect  a  suitable  memorial  of  the 
work  that  had  so  long  engaged  the  mind  of  Mr.  Memminger, 
and  to  which  he  had  devoted  himself  in  the  most  unselfish 
manner.  I  can  give  no  better  description  of  the  memorial, 
and  of  the  handsome  manner  in  which  it  was  placed  among 
the  treasures  of  Charleston,  than  by  transferring  to  these 


RETURN  TO  PRIVATE  LIFE.  395 

pages  the  report  of  the  ceremonies  on  the  occasion  of  its  re 
ception  by  the  mayor  and  city  council. 

The  following  report  of  these  proceedings  is  taken  from  the 
Charleston  Courier  of  March  1,  1888: 

The  unveiling  of  the  marble  bust  of  the  Hon.  C.  G.  Memminger,  in 
the  city  council  chamber  yesterday  afternoon,  was  a  significant  event. 
The  ceremonies  took  place  in  the  presence  of  quite  a  large  assemblage  of 
the  friends  and  supporters  of  education  in  this  city,  and,  considering  the 
shining  worth  of  the  man  whom  they  were  designed  to  honor,  they  were 
of  that  impressive  character  that  befitted  the  man  and  the  occasion. 

Something  of  the  origin  of  the  ceremony  will  not  be  inappropriate  at 
this  time.  On  November  4,  1885,  Mr.  Memminger's  advancing  years  in 
duced  him  to  withdraw  from  his  wonted  activity  as  chairman  of  the  pub 
lic  school  board,  which  position  he  had  held  for  nearly  the  third  of  a  cen 
tury.  The  first  proposition  of  the  board  from  which  he  had  retired  was 
toha«ve  his  portrait  painted  and  hung  in  the  parlor  of  the  Memminger 
School.  It  was,  however,  subsequently  deemed  more  suitable  by  the 
board  that  his  gratuitous  services  for  thirty-three  years  in  the  cause  of 
education  merited  a  more  formal  and  public  recognition.  But  having 
no  authority  for  any  considerable  expenditure  of  money,  the  board  laid 
the  matter  before  the  General  Assembly  of  South  Carolina,  and  by  an 
act  of  the  Legislature  they  were  authorized  to  expend  such  a  sum  as  in 
their  judgment  would  secure  the  execution  of  a  suitable  public  memorial 
of  Mr.  Memminger's  able  and  highly  appreciated  work.  The  commis 
sioners  thought  that  public  expectation  would  be  satisfied  and  pleased 
with  a  memorial  embracing  a  marble  bust  and  pediment,  and  sent  a 
commission  to  confer  with  Valentine,  the  distinguished  Virginian  sculp 
tor.  This  was  in  1886,  the  committee  consisting  of  Messrs.  Julian  Mitch 
ell,  G.  W.  Dingle,  Dr.  II.  Baer  and  Judge  Simonton,  ex-officio  chairman 
of  the  board  of  commissioners.  As  a  result  of  their  arrangements  the 
bust  was  received  last  fall,  but  owing  to  some  necessary  delay  the  pedi 
ment  was  not  received  until  later. 

The  bust  has  been  inspected  by  Mr.  Memminger  and  his  immediate 
family,  who  have  expressed  themselves  as  much  gratified  with  the  like 
ness  and  general  truth  to  nature  of  the  admirable  work  of  art.  As  a 
work  of  art,  indeed,  it  has  been  pronounced  by  competent  judges  who 
have  traveled  abroad,  to  be  as  fine  as  any  sculpture  that  may  be  found  in 
Westminster  Abbey. 

It  was  also  decided  that  the  most  suitable  place  for  the  memorial 
was  in  the  council  chamber,  and  upon  application  to  that  body  the 
council  unanimously  granted  the  position  which  it  now  occupies — along 
the  south  wall  adjacent  to  Trumble's  full  length  portrait  of  Washington 
and  Valentine's  bust  of  Robert  Y.  Hayne. 


396  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

The  following  is  the  inscription  on  the  pediment: 

OT.hrisfoph.rr  (Btisf nuns   Hlcwminrjcr, 

Founder 
of  the  Present  Public  School  System  in  Charleston. 

The  City  Board  of  School  Commissioners, 
with  the  Approval  of  the  Legislature  of  South  Carolina, 

Erect  this  Memorial, 

In  Grateful  Appreciation  of  his  Services  for 
Thirty-three  Years. 

•*'  Heaven  doth  with  us  as  we  with  torches  do  : 
Not  light  them  for  themselves ;  for  if  our  virtues 
Did  not  go  forth  of  us,  'twere  all  alike 
As  if  we  had  them  not." 

1887. 

Upon  the  organization  of  the  new  board  of  school  commissioners  the 
committee  who  undertook  the  arrangements  for  the  memorial  were 
continued  in  their  office  and  Ex-Mayor  Courtenay  was  added  to  the 
number. 

It  was  this  committee  that  arranged  all  the  details  for  the  unveiling 
yesterday  afternoon.  Owing  to  the  limited  space  in  the  council  cham 
ber  it  was  found  absolutely  necessary  to  issue  invitations  to  only  such  a 
number  of  ladies  and  gentlemen  as  could  be  comfortably  seated  in 
the  chamber.  There  were  present  the  teachers  in  the  public  schools, 
the  trustees  of  the  College  of  Charleston,  of  the  High  School,  the  aca 
demic  board  of  the  South  Carolina  Military  Academy,  members  of  Mr. 
Memminger's  family,  the  senators  and  representatives  from  Charleston 
and  a  few  distinguished  guests,  among  whom  was  Dr.  Green,  of  Boston ; 
a  member  of  the  board  of  trustees  of  the  Peabody  fund,  and  Col.  J.  PI. 
Rice,  State  superintendent  of  education. 

Five  o'clock  yesterday  afternoon  was  appointed  as  the  hour  for  the 
unveiling  ceremonies.  At  that  time  the  council  chamber  was  well 
filled  by  the  invited  guests  and  the  members  of  the  city  council,  for  all 
of  whom  chairs  were  provided. 

On  the  rostrum  were  Mayor  Bryan,  Judge  Simonton,  Ex-Mayor 
Courtenay,  the  Rev.  A.  Toomer  Porter,  D.  D.,  D.  M.  O'Driscoll,  C.  F. 
Panknin,  G.  W.  Dingle,  II.  Baer,  Julian  Mitchell,  the  Rev.  Dr.  G.  R. 
Brackett,  the  Rev.  R.  N.  Wells,  the  Hon.  James  Simons,  Mr.  H.  P.  Archer, 
Dr.  Samuel  A.  Green,  of  Boston ;  Col.  J.  PI.  Rice,  State  superintendent 
of  education;  Miss  Simonton,  principal  of  the  Memminger  School;  Miss 
Daisy  Smith,  Judge  Magrath  and  Ex-School  Commissioner  L.  E.  Cordray. 

At  a  few  minutes  after  5  o'clock  the  folding  doors  of  the  clerk's  room 
parted  and  forty  young  ladies  of  the  Memminger  School  filed  into  the 
chamber  and  took  position  on  the  east  side  of  the  hall,  where  they  sang 
"My  Country,  'tis  of  Thee."  At  the  request  of  Mayor  Bryan,  Dr.  A. 
Toomer  Porter  then  offered  up  a  prayer,  which  was  as  follows : 


RETURN  TO  PRIVATE  LIFE.  397 

DR.  PORTER'S  PRAYER. 

Almighty  God,  the  fountain  of  all  wisdom  and  knowledge :  We 
thank  Thee  that  Thou  didst  make  man  in  Thine  image,  and  though 
greatly  marred  by  his  fall  that  he  still  possesses  faculties  for  acquiring 
the  knowledge  of  things  temporal  and  eternal.  We  thank  Thee  that 
Thou  hast  endowed  some  of  Thy  creatures  with  strength  of  mind  and 
largeness  of  heart  by  which  their  ability  and  interest  are  given  for  the 
welfare  of  their  fellow-men.  We  thank  Thee  that  among  us  one  was 
raised  up  whose  zeal  for  the  improvement  of  his  kind  led  him  to  give 
his  great  intelligence  to  the  improvement  of  our  schools  and  to  the  ele 
vation  of  the  standard  of  general  education.  We  have  come  to  dedicate 
to  his  honor,  and  thereby  to  perpetuate  his  memory,  this  marble  bust 
that  future  generations,  appreciating  the  reason  of  this  distinction  by 
his  fellow-citizens,  may  hold  him  in  grateful  remembrance,  and  that  this 
tribute  may  stimulate  others  to  give  their  talents  for  the  welfare  of  so 
ciety.  May  we  all  learn  that  it  is  righteousness  which  exalteth  a 
nation,  and  that  the  fear  of  the  Lord  is  the  beginning  of  wisdom. 

But,  vanity  of  vanities,  all  is  vanity,  aye,  infirmity,  death  and  the 
grave  are  the  lot  of  all.  Into  these  Thy  servant,  whom  we  would  honor, 
is  now  passing.  We  commend  him  to  Thy  love  and  mercy,  and  pray 
that  his  good  work  may  be  remembered  in  that  day  when  we  shall  all 
be  judged  for  the  deeds  done  in  the  body,  and  shall  be  rewarded  as 
they  be  good  or  evil.  We  commend  our  schools,  children  and  teachers ; 
these  to  whom  the  interest  of  education  are  entrusted,  our  city,  our 
State,  our  country,  to  Thy  guidance  and  protection,  and  offer  all  our 
petitions  through  the  mediation  of  Thy  only  begotten  Son,  Jesus  Christ, 
our  Lord.  Amen. 

The  young  ladies  then  sang  "  Old  Friends  and  Old  Times,"  during 
which  the  bust  and  pediment  were  unveiled. 

Miss  DAISY  SMITH'S  ADDRESS. 

Upon  the  conclusion  of  the  song  Miss  Daisy  P.  Smith,  a  graduate  of 
the  Memminger  School,  delivered  the  following  introductory  address, 
with  much  feeling  and  grace : 

l/>.  Chairman  and  Gentlemen  of  the  City  Board  of  School  Commis 
sioners, — To  me  has  been  accorded  the  privilege  of  voicing  the  sen 
timent  of  all  our  citizens  on  this  interesting  occasion,  the  unveiling  of 
the  image  of  him  who  for  three  eventful  decades  has  been  the  guiding 
spirit  in  our  educational  interests. 

There  are  times  when  words  are  incompetent  for  the  expression  of 
the  heart's  emotions  and  when  the  voice  is  too  feeble  to  call  an  echo 
from  the  recesses  of  feeling  which  nature  guards  most  jealously.  Es 
pecially  true  do  we  find  this  now  that  we  have  the  privilege  of  express 
ing  our  appreciation  of  one  who  has  fought  so  nobly  for  the  youth  of 


398  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

Charleston,  who  took  up  the  children's  cause  and  concentrated  all  his 
energies  on  the  establishment  of  a  system  of  public  schools,  where  the 
young  might  cultivate  their  minds  and  hearts  and  fashion  them  in  the 
mould  of  which  he  unconsciously  furnished  so  bright  an  example. 

In  1855,  Colonel  Memminger  and  Messrs.  Bennett,  Bee,  Bryan, 
Magrath,  Lebby,  Russell,  Furman,  Richards,  Buist,  Jervey  and  others 
remodelled  the  old  system  of  State  free  schools  and  established  the 
graded-school  system,  which  to-day  signalizes  our  State  and  city  as  a 
great  source  of  public  education  and  advancement.  When  the  sun  of 
their  lives  had  reached  its  meridian  they  consecrated  heart  and  hand  to 
their  noble  work,  and  "  pressed  forward  toward  the  mark  of  the  high 
calling  "  assigned  to  them,  with  only  the  aid  of  hope  and  faith. 

But  there  is  one  amidst  this  group  of  honored  men  whose  name  is 
engraved  most  deeply  on  the  hearts  of  the  pupils  and  graduates  of  the 
Memminger  School,  whose  love  and  patronage  have  been  especially 
theirs,  and  whose  life  has  for  long  years  been  blended  with  theirs  as  the 
patriarch  of  one  large  family.  His  name  is  graven  at  the  portals  of 
its  halls;  he  is  held  in  grateful  remembrance  by  us  all,  but  especially 
by  those  who  have  had  the  good  fortune  to  come  beneath  his  guidance 
and  protection.  Colonel  Memminger  fully  comprehended  the  depth  of 
woman's  nature,  and  realized  the  fact  that  the  world  cannot  rise  by 
man's  elevation  alone;  that  in  accordance  with  Divine  law,  the  intellec 
tual  (as  well  as  the  material)  world  is  held  in  its  true  orbit  by  the  com 
bined  influences  of  two  varied  but  equivalent  forces. 

With  the  spirit  of  a  knight,  he  fought  for  woman's  elevation,  buildv 
ing,  with  the  granite  blocks  of  a  thorough  education,  from  the  founda 
tion,  slowly,  but  surely  upwards  to  the  position  of  his  ideal,  a  basis 
worthy  of  all  noble  women.  He  loved  his  ideal  and  wrought  to  mould 
it  perfectly.  He  became  her  friend  and  the  protector  of  her  rights,  but 
not  such  rights  as  we  hear  demanded  from  the  rostrum;  not  these,  for 
by  her  endeavor  to  fill  such  offices,  woman  loses  her  characteristic  privi 
leges,  those  of  being  the  gentle  influence  in  the  chaos  of  violent  force 
and  will,  the  loving  sister,  gentle  wife  and  tender  mother,  calling  forth 
the  softer  side  of  his  nature.  For  these  he  worked  and  opened  to  them 
the  doors  of  an  advantage  which  is  all  too  sadly  neglected  while  the 
opportunity  lasts. 

Could  the  girls  of  our  State  realize  the  value  of  the  privileges  offered 
them  by  these  institutions  of  learning;  could  they  appreciate  the  lustre 
which  education  gives  to  woman,  our  halls  would  ring  with  triple  the 
number  of  voices  that  quiver  through  them  now,  and  the  image  which 
stands  unveiled  before  us  to-day  would  be  the  object  of  a  purer  devotion 
than  that  which  inspired  the  pagans  of  ancient  days. 

Many  are  and  have  been  interested  in  us,  and  many  have  furnished 
as  great  pecuniary  assistance  as  Colonel  Memminger,  but  none  beside 
him  have  labored  for  thirty  long  years  to  influence  public  opinion,  with- 


RETURN  TO  PRIVATE  LIFE.  399 

standing  the  storm  of  opposition  in  two  sessions  of  the  Legislature,  and 
meeting  and  defeating  all  obstacles  with  an  indomitable  will.  He  fal 
tered  before  no  foe  but  age.  We  reverence  the  silvery  head  which,  un 
til  lately,  bent  faithfully  and  lovingly  o'er  its  task. 

We  cannot  realize  how  hard  it  must  be  for  the  once  active  brain  to 
be  no  longer  busied  in  the  interests  it  loved  so  well,  or  for  the  hands  to 
lie  idle  while  their  work  becomes  that  of  others ;  but  it  seems  as  if  it 
must  be  like  unto  the  sadness  of  the  mother  when  she  sees  her  child  go 
forth  from  her  care  and  watchfulness,  and  feels  that  the  silken  cords 
which  bound  mother  and  child  as  protector  and  dependent  are  loosened 
forever.  But  through  the  halls  of  affection  and  gratitude  his  spirit 
shall  walk  a  welcome  guest,  and  every  lineament  of  his  countenance 
shall  be  graven,  not  only  on  thy  chaste  stone,  oh,  statue !  but  on  the 
tablets  of  loving  hearts. 

JUDGE  SIMONTON'S  ADDRESS. 

Mr.  Mayor  and  Gentlemen  of  the  City  Council^ — This  occasion  is  full  of 
interest,  yet  mournful,  for  we  stand  within  the  shadow  of  the  grave. 
You  crown  the  effort  we  have  made  in  recognition  of  the  merit  of  a 
most  \vorthy  and  most  venerable  fellow-citizen. 

In  November,  1885,  Mr.  Memminger,  pressed  by  the  infirmities  of  age 
terminated  his  connection  with  the  city  board  of  school  commissioners. 
For  more  than  the  life  of  a  generation  he  had  filled  the  post  of  chair 
man,  and  had  led  the  board  by  his  counsels.  His  associates  could  not 
permit  the  occasion  to  pass  without  an  expression  of  the  value  of  his 
long  and  arduous  service  to  the  community  in  this  important  position. 
On  the  motion  of  Mr.  Mitchell,  it  was  resolved  that  a  bust  of  Mr.  Mem 
minger  in  marble  be  procured  to  be  placed  in  some  conspicuous  loca 
tion.  The  General  Assembly  of  the  State,  without  a  dissenting  voice, 
sanctioned  this  use  of  the  public  money.  Mr.  Memminger  gratified  the 
wish  of  the  board.  The  services  of  Mr.  Edward  V.  Valentine,  of  Rich 
mond,  whose  genius  had  illustrated  the  tomb  of  General  R.  E.  Lee,  were 
secured.  This  exquisite  work  of  art  which  has  just  been  unveiled  is  the 
result.  We  have  before  us  the  living,  speaking,  characteristic  likeness 
of  Mr.  Memminger. 

If  any  man  in  this  community  deserves  this  marked  expression  of 
public  gratitude  for  public  service,  that  man  is  the  Hon.  C.  G.  Memmin 
ger.  Himself  a  conspicuous  example  of  the  great  advantage  of  early 
and  careful  intellectual  training,  he  has  more  than  repaid  his  debt  to 
them  by  becoming  the  educator  of  this  community. 

From  the  earliest  period  of  her  colonial  history,  this  Commonwealth 
has  realized  the  necessity  for  public  and  free  education.  By  private 
munificence  and  public  bounty  it  was  sought  to  supply  this  necessity. 
Free  schools  were  founded  when  the  colonists  were  contending  for  exis 
tence  with  foes  without  and  foes  within  our  borders.  And  so  all  along 


400  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

her  progress  South  Carolina  kept  up  her  care  for  the  education  of  the 
masses.  But,  for  the  want  of  a  proper  system  and  of  needed  discipline, 
these  efforts  did  not  produce  the  success  they  deserved.  Our  free  schools, 
even  in  the  more  dense  population  of  towns  and  villages,  reached  no 
high  standard.  They  were  resorted  to  only  when  it  was  impossible  to 
secure  private  instruction.  In  1855  a  board  of  commissioners  was  se 
lected  for  this  city,  filled  with  men  of  more  enlightened  and  progressive 
views  on  the  subject  of  education,  among  these  were  Mr.  Memminger 
and  Mr.  W.  J.  Bennett.  It  must  always  be  remembered  that  to  Mr, 
Bennett  also  must  be  accorded  full  praise  as  a  pioneer  in  the  new  work 
of  the  board.  These  two  gentlemen  realized  that  a  change  of  system 
was  needed  in  the  schools.  With  great  earnestness  and  care  they  inves 
tigated  the  whole  subject.  By  personal  visit  and  examination  they  be 
came  satisfied  writh  the  education  of  the  public  school  system  which  has 
done  so  much  for  New  England.  They  induced  its  introduction  into  our 
schools.  Their  active  energy  inaugurated  the  system.  Their  watchful 
care  fostered,  encouraged  and  established  it. 

Mr.  Memminger,. at  that  time,  was  one  of  the  leaders  of  the  Bar,  and 
was  enjoying  a  very  large  practice.  Notwithstanding  the  absorbing 
cares  of  the  most  absorbing  profession,  he  entered  with  his  whole  soul 
into  the  work  of  the  schools.  He  devoted  much  of  his  valuable  time  in 
promoting,  maintaining  and  finally  in  placing  on  a  permanent  basis  our 
present  admirable  system.  He  achieved  wonderful  success.  His  influ 
ence  has  extended  beyond  the  limits  of  this  city.  All  over  South  Caro 
lina  are  springing  up  graded  schools  based  upon  the  same  system.  Ev- 
rywhere  is  felt  the  reviving  breath  of  new  life  in  our  public  schools. 

Our  Board,  Mr.  Mayor,  have  signified  by  this  marble  bust  their  appre 
ciation  of  Mr.  Memminger's  work  as  their  leader  and  associate.  His 
real  monument,  more  enduring  even  than  this  beautiful  and  perfect 
marble,  is  the  admirable  schools,  the  pride  and  ornament  of  this  city, 
erected,  aided,  improved  and  established  by  his  energy,  and  the  thou 
sands  and  tens  of  thousands  of  children  educated  and  to  be  educated 
within  its  walls. 

This  is  not  the  time  nor  is  this  the  occasion  for  any  eulogy  upon  Mr. 
Memminger.  Your  thoughtful  kindness  has  given  us  a  place  for  our 
testimonial.  It  is  most  proper  that  he  should  occupy  a  niche  in  this 
hall,  filled  writh  memorials  of  our  distinguished  men.  A  great  lawyer, 
he  was  the  contemporary  and  no  unworthy  rival  of  Petigru. 

He  realized  the  hope  of  Hayne,  to  which  that  great  man  sacrificed 
his  life.  He  pierced  the  mountain  ranges  of  Western  North  Carolina, 
and  opened  a  passage  for  the  iron  horse  to  the  ocean. 

He  gave  of  the  wealth  of  his  intellect,  and  many  valuable  hours  to 
.the  public  weal,  and  ranks  with  Enston  among  the  public  benefactors. 

In  behalf  of  the  City  Board  of  School  Commissioners,  I  now  leave 
this  bust  in  your  custody.  No  more  appropriate  place  can  there  be  for 


RETURN  TO  PRIVATE  LIFE.  401 

it  than  in  the  people's  palace ;  no  better  guardian  of  it  than  this  honor 
able  body,  which  cedes,  mores,  juraque  nostra  curat. 

The  next  thing  on  the  programme  was  "  Music,  Sweet  Music,"  which 
was  sung  by  the  young  ladies. 

MAYOR  BRYAN  ACCEPTS  THE  BUST. 

The  last  address  was  by  Mayor  Bryan,  who  said: 

Mr.  Chairman  and  Gentlemen  of  the  Board  of  School  Commissioners,  and 
Ladies  and  Gentlemen, — I  count  it  a  great  privilege  as  the  official  repre 
sentative  of  the  people  of  Charleston  to  be  permitted  to  say  a  brief 
word  in  the  proceedings  of  this  most  interesting  occasion.  We  are  here 
to  take  part  in  a  ceremony  and  render  a  tribute  most  fitting  in  a  com 
munity  and  country  like  ours  where  the  will  of  the  people  is  law,  and 
where  government  to  be  a  blessing  must  be  enlightened  and  governed 
by  law.  It  is,  indeed,  a  truism  to  say  that  education,  diffused  and  uni 
versal,  is  the  foundation  of  free  institutions ;  but  it  is  to  recognize  and 
emphasize  that  vital  truth,  and  to  do  honor  to  the  friend  of  popular  ed 
ucation  that  we  have  assembled  here  to-day.  The  inborn  instincts  of 
mankind  pay  unstinted  homage  to  the  great  rulers  of  the  world — the 
soldier,  the  statesman,  the  orator,  and  as  well  to  the  poet,  the  painter, 
the  sculptor,  the  musician. 

Monuments,  statues,  busts,  marbles  and  bronzes  everywhere  abound, 
land  tell  of  the  admiration  that  waits  upon  excellence  in  these  re- 
fnowned  fields  of  achievement.  These  favorites  of  nature  can  take  care 
of  themselves.  They* need  not  the  thoughtful  care  of  their  kind.  It  is 
our  especial  duty  to  bestow  that  thoughtful  care  upon  a  worker  in  a 
very  different  field  remote  from  the  crowd — the  truest  friend  and  bene 
factor  of  the  people,  and  chiefest  conservator  of  their  liberties  and  their 
free  institutions.  It  is  in  recognition  of  such  a  benefactor  and  to  make 
enduring  memorial  of  such  services  that  we  have  unveiled  the  bust 
which  reveals  to  us  and  will  reveal  to  the  most  distant  posterity  the  fea 
tures  of  C.  Gustavus  Memminger,  the  author  of  the  present  common 
school  system  of  Charleston.  You  have  had  from  the  distinguished  gen 
tleman  who  has  preceded  me  the  story  of  his  work,  and  it  only  remains 
for  me  to  say  that  the  city  council  of  Charleston  accepts  the  care  of  this 
memorial. 

The  exercises  of  the  occasion  were  concluded  by  the  singing  of  "  Auld 
Lang  Syne,"  a  very  appropriate  selection,  to  the  spirit  of  which  the 
young  ladies  did  ample  justice.  The  accompaniments  to  all  the  songs 
were  played  by  Prof.  T.  D.  Euddock,  teacher  of  music  in  the  city  public 
schools. 

The  benediction  by  the  Rev.  R.  N.  Wells,  pastor  of  Trinity  M.  E. 
Church,  closed  a  most  eventful  and  interesting  occasion. 


402  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

While  his  fellow-citizens  were  paying  this  deserved  tribute 
to  his  worth;  while  they  were  in  this  enduring  form  preserv- 
-ing  the  features  of  the  man  who  had  so  well  honored  himself 
in  their  service,  he  was  at  his  home,  wasted  with  the  suf 
ferings  of  a  malady  that  in  a  few  days  was  to  end  his  life. 
His  accomplished  son,  Dr.  Allard  Memminger,  with  the 
counsel  and  the  experience  of  Dr.  Middleton  Michel  aiding 
him,  had  brought  to  the  relief  of  the  suffering  patriot  and 
statesman  all  that  the  solicitude  of  love,  or  the  skill  of 
science  could  suggest  or  devise;  but  neither  love  nor  skill 
could  mend  the  cord  which,  long  fretted  with  the  cares  of 
life,  at  last  was  broken,  and  on  the  night  of  the  7th  of  March 
the  life  of  the  good  and  the  great  man  went  out — 

As  fades  the  morning  star, 
Which  goes  not  down  behind  a  darkened  west, 
Nor  sets  obscured  amid  the  tempest  of  the  skies ; 
But  melts  away  in  the  light  of  Heaven. 

The  death  of  Mr.  Memminger,  although  not  unexpected, 
brought  an  unfeigned  sorrow  to  the  community  of  Charles 
ton,  and  to  many  throughout  the  country.  To  him  it  was  a 
release  from  suffering,  an  end  of  all  care;  to  his  stricken 
family  it  was  stilling  forever  the  great  heart  of  love  that  had 
so  long  cherished  them;  to  many  it  was  breaking  the  cord 
that  had  bound  them  to  the  good  man  in  sincerest  friend 
ship,  and  to  his  country,  it  was  the  removal  of  one  whose 
greatest  honors  had  been  found  in  his  devotion  to  her  wel 
fare.  Death  is  by  no  means  the  greatest  misfortune  that 
can  befall  a  good  man.  To  one  who  has  faithfully  served 
his  generation,  who  has  no  remorse  of  soul  to  cloud  the  re 
ceding  horizon  of  life,  who  has  lived  to  a  noble  end;  who 
in  deeds  of  generous  kindness,  and  with  words  of  cheer,  has 
lit  the  weary  way  of  many  a  sorrowing  one  with  the  light  of 
his  love;  to  whom  great  age  and  honors  and  wealth  had 
come,  the  blessings  of  a  well-spent  life — death  comes  "  with 
friendly  care "  and  brings,  even  in  its  gloom,  the  hope  of 


HIS  DEATH  AND  FUNERAL.  403 

another  and  an  immortal  life  of  bliss.  It  was  thus  with  Mr. 
Mernminger. 

In  compliance  with  a  request  made  by  him,  when  con 
scious  that  he  was  dying,  his  body  was  taken  to  his  lovely 
country  home  at  Flat  Rock,  North  Carolina,  and  buried 
amid  the  peaceful  shades  of  its  cemetery. 

I  extract  from  the  Charleston  Courier  the  following  account 
of  the  services  held  at  St.  Paul's  Episcopal  church,  of  which 
he  was  a  member: 

The  funeral  services  of  the  late  Hon.  C-  G.  Memminger  took  place  at 
St.  Paul's  church  at  four  o'clock  yesterday  afternoon.  The  attendance 
at  the  church  was  very  large.  Besides  many  citizens,  there  were  in  at 
tendance  the  members  of  the  Charleston'Bar,  commissioners  of  various 
city  boards,  teachers  of  the  public  schools,  members  of  the  city  council 
and  a  number  of  our  most  prominent  citizens,  among  whom  were  Mayor 
Bryan,  Ex-Governor  Magrath,  Mr.  A.  C.  Kaufman,  president  of  the  Van- 
derbilt  Association,  and  others.  The  funeral  cortege,  consisting  of  fifty 
carriages,  reached  the  church  promptly  at  four  o'clock.  The  casket  was 
borne  into  the  church  by  the  following  pall-bearers: 

Seniors. — Mr.  Montague  Grimke,  Hon.  W.  A.  Courtenay,  Hon.  Edward 
McCrady,  Dr.  Middleton  Michel,  Mr.  Julian  Mitchell,  Mr.  H.  P.  Archer, 
Mr.  J.  Grange  Simons,  Hon.  C.  H.  Simonton,  Mr.  C.  F.  Hanckle,  Mr.  B.F. 
Whaley.  Juniors.— General  Ed.  McCrady,  Mr.  L.  G.  Trenholm,  Mr.  B.  F. 
Alston,  Mr.  C.  S.  Burnett,  Mr.  A.  Mazyck,  Hon.  James  Simons,  Mr.  C.  A. 
Chisolm,  Mr.  W.  S.  Hastie. 

The  floral  offerings  were  many  and  elegant,  made  of  the  choicest 
flowers  from  the  private  gardens  of  the  city,  and  yet  others  of  French 
immortelles.  Of  the  latter,  one  in  the  form  of  a  large  anchor,  in  white 
flowers,  bore  the  initials  "  C.  G.  M."  on  the  cross-piece,  and  on  the  curve 
of  the  anchor  below,  the  inscription,  "Public  Schools,"  in  purple  flowers. 
This  offering  was  from  the  City  Board  of  School  Commissioners. 

The  services  were  read  by  Rev.  W.  H.  Campbell,  rector  of  St.  Paul's, 
and  the  Rev.  C.  C.  Pinckney,  D.  D.,  rector  of  Grace  church.  The  music 
was  very  solemn  and  impressive,  being  feelingly  rendered  by  the  large 
choir.  There  was  no  sermon  or  eulogy.  At  the  close  of  the  services,  the 
casket,  preceded  by  the  officiating  ministers,  was  taken  out  of  the  church, 
the  choir  chanting  the  Lord's  Prayer.  The  remains  were  then  taken  to 
the  Line-street  station  of  the  South  Carolina  railroad,  where  the  casket 
was  enclosed  in  a  box  of  solid  oak,  bound  with  nickel,  and  was  placed  on 
the  outgoing  train  and  taken  to  Flat  Rock,  the  summer  residence  of  the 
deceased,  under  an  escort  of  honor.  The  family  accompanied  the  remains 
in  a  special  car. 


404  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

In  no  city  of  America  are  the  deeds  of  her  worthy  citizens 
more  highly  appreciated,  their  virtues  more  applauded,  and 
their  renown  better  preserved  than  in  Charleston.  No 
Roman  ever  pointed  the  youth  of  his  country  to  the  achieve 
ments  of  her  great  men  with  more  pride,  or  with  a  higher 
sense  of  their  virtues;  none  honor  themselves  better  in  the 
respect  they  pay  to  their  illustrious  dead,  than  do  the  good 
people  of  this  city,  the  "Nice  of  America."  Many  tributes 
have  been  paid  to  the  worth  of  Mr.  •Memminger,  but  none 
have  been  more  sincerely  expressed  or  more  worthy  of  the 
dead  statesman,  lawyer  and  patriot,  than  those  which  came 
from  the  Bar  of  Charleston  when  his  death  was  formally  an 
nounced  to  the  court  in  session. 

The  following  report  of  the  proceedings  had  on  this  occa 
sion  is  taken  from  the  Charleston  papers  of  that  date: 

At  the  opening  of  the  Court  of  General  Sessions  yesterday  morning. 
Judge  Pressley,  presiding,  Solicitor  Jervey  arose,  and  said:  "May  it 
please  your  Honor,  it  is  with  sorrow  and  sadness  that  I  announce  the 
death  of  the  Hon.  CHRISTOPHER  GUSTAVUS  MEMMINGER,  the  oldest  mem 
ber  of  the  Bar,  who  died  at  his  residence,  in  this  city,  evening  before 
last,  at  the  advanced  age  of  eighty-five  years.  I  move  that  a  commit 
tee  be  appointed  who  shall  prepare  and  submit  resolutions  appropriate 
to  this  occasion." 

This  motion  was  seconded  by  Judge  A.  G.  Magrath,  and  being  unani 
mously  adopted,  Judge  Pressley  appointed  the  following  committee : 
Messrs.  "YV.  St.  Julien  Jervey,  A.  G.  Magrath,  James  Simons,  C.  R.  Miles, 
B.  H.  Rutledge,  Ed.  McCrady,  Jr.,  and  W.  H.  Brawley. 

Mr.  J.  K.  Blackman,  the  court  stenographer,  was  appointed  to  act  as 
secretary  of  the  meeting. 

The  committee  then  retired  to  prepare  its  report.  In  the  court-room 
at  the  time  were  the  following  members  of  the  Bar:  Messrs.  H.  E. 
Young,  Theodore  Barker,  G.  II.  Sass,  J.  P.  Lessens,  J.  M.  Bacot,  Lang- 
don  Cheves,  A.  D.  Cohen,  Julian  Mitchell,  H.  A.  M.  Smith,  G.  Lamb 
Buist,  Henry  Buist,  A.  G.  Magrath,  Jr.,  John  F.  Ficken,  Isaac  Hayne, 
W.  M.  Fitch,  G.  W.  Dingle,  J.  E.  Burke,  A.  T.  Smythe,  A.  M.  Lee,  W.  H. 
Parker,  Jr.,  E.  "W.  Hughes,  Arthur  Mazyck,  L.  DeB.  McCrady,  Clement 
S.  Bissell,  J.  Ancrum  Simons,  B.  R.  Burnet,  Mathie  Gourdin. 

The  committee,  after  a  short  absence,  returned  into  court,  and  Mr. 
Jervey  announced  that  they  were  ready  to  report. 


TRIBUTES  TO  HIS  MEMORY.  405 

In  submitting  the  resolutions  Mr.  Jervey  spoke  as  follows :  In  the 
general  routine  and  progression  of  our  duties  as  members  of  our  hon 
ored  profession,  we  are  naturally  so  occupied  and  engrossed  in  the 
mimic  warfare  in  which  we  are  engaged,  that  we  are  apt  to  lose  sight 
of,  an^L  temporarily  forget  those  of  our  brethren,  who  having  served 
their  time  and  fought  their  battles,  have  turned  aside  from  the  path  of 
contention,  and  sought  peace  and  rest  in  the  evening  of  their  day. 
Naturally  then  there  is  a  shock  to  each  of  us,  when  suddenly  we  are 
arrested  in  our  career,  and  when  we  are  aroused  from  our  absorption  of 
interest  and  occupation  by  the  announcement  that  one  of  our  eldest 
brethren,  one  of  the  leaders  and  exemplars  of  our  craft,  has  paid  the 
last  tribute  to  nature  and  departed  from  us  forever.  In  the  presence  of 
these,  his  friends,  who  are  here  for  the  purpose  of  doing  honor  to  his 
memory,  I  need  say  nothing  in  his  praise.  They  are  here  moved  and 
actuated  by  their  admiration  of  the  man,  and  by  their  affection  for 
their  friend.  They  came  here,  many  of  them,  equipped  with  the  expe 
rience  of  a  longer  acquaintance,  and  with  far  greater  ability  than  I  can 
claim,  to  express  their  admiration  of  his  qualities  and  their  grief  at 
his  loss  in  fitting  terms  of  eloquent  speech.  But  while  the  official  duty 
which  devolves  upon  me,  in  place  of  the  Attorney-General,  is  discharged 
in  simply  making  the  announcement  of  his  death,  I  would  not  be  true 
to  the  sentiments  of  personal  regard,  which  I  have  always  held  for  Mr. 
Memminger,  unless  I  paid  personal  tribute  to  the  high  qualities  and 
characteristics,  which  we  are  here  to  honor.  I  shall  not  speak  of  him  as 
the  statesman — that  page  of  his  life  is  written  in  the  proceedings  of  the 
General  Assembly  of  the  State  he  so  much  loved,  for  twenty-five  years; 
in  the  brief  and  checkered  history  of  the  Confederate  States.  Nor  shall 
I  speak  of  him  as  the  friend  of  education;  beautiful  and  enduring  monu 
ments  of  his  labor  and  success  in  this  department  of  his  life,  exists  now 
in  the  schools  which  have  been  erected  throughout  this  city,  and  the 
system  of  their  government,  and  in  the  life-like  bust,  which  has  within 
the  last  few  days,  been  unveiled  in  the  council-chamber  amidst  the  en 
dowments  of  a  grateful  community,  and  the  sweet  smiles  of  those  who 
illustrate  the  success  of  his  work.  I  shall  not  speak  of  him  as  the  pro 
moter  of  commerce  and  manufactures.  Monuments  as  enduring  as 
brass  will  ever  remain  in  the  iron  road-way,  binding  us  to  the  great 
West,  and  in  the  humming  wheels  of  our  factories. 

Nor  yet  shall  I  speak  of  him  as  the  financier.  There,  again,  history 
has  made  him  immortal.  As  the  Christian  gentleman  he  was  pre-emi 
nent,  and  his  name  appears  in  the  annals  of  his  Church  as  being  always 
in  the  front  rank  of  those  who  gave  their  time  and  their  talent  for  the 
advancement  of  an  enlightened  and  progressive  Christianity.  His  chari 
ties  will  make  him  long  remembered  and  lamented  by  the  poor  and 
needy,  and  the  widow  and  the  orphan  will  rise  up  and  call  him  blessed. 


406  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEE. 

But  I  shall  speak  of  him  in  that  relation  in  which  he  was  nearest  to  us; 
that  relation  in  which,  as  members  of  the  Bar,  we  were  most  brought 
within  his  influence  and  admired  him— as  the  lawyer.  He  filled  the  va 
rious  requirements  of  this  complex  and  difficult  character1  with  great 
faithfulness.  He  was  possessed  of  great  astuteness  in  analyzing  a  com 
plicated  case;  almost  by  intuition  he  would  put  his  finger  tip'on  the  cru 
cial  point  of  controversy,  and  oftentimes  before- the  anxious  client  would 
conclude  his  tale  the  real  difficulty  was  discerned  and  the  remedy  pro 
posed.  He  was  never  idle.  I  have  heard  him  say  that  more  time  was 
wasted  in  deciding  what  to  do  very  often  than  was  necessary  for  the  do 
ing  of  it.  He  was  a  student.  When  not  engaged  on  some  living  ques 
tion  of  his  practice,  he  was  always,  while  in  the  office,  reading  the  latest 
decision  of  the  courts  or  the  latest  books  of  authority.  Perhaps  his 
greatest  attribute  as  a  lawyer  was  his  clearness,  terseness  and  force  of 
expression.  He  would  say  more  in  a  few  words  than  any  man  I  have 
ever  heard.  He  seldom  indulged  in  figures  and  warmth  of  speech,  but 
would  follow  his  subject  closely,  and  by  syllogistic  argument  eliminate 
matter  extraneous  to  the  question  at  issue.  He  was  brief  and  to  the 
point ;  clear  and  emphatic.  When,  after  working  in  his  office  I  was  ad 
mitted  to  practice,  he  gave  me  the  following  advice :  Never  speak  unless 
you  have  something  to  say,  and  when  you  have  said  it  sit  down.  This 
explains  the  brief  terseness  and  clearness  of  his  own  utterances.  With 
all  these  qualities  of  the  great  lawyer,  Mr.  Memminger  was  the  kind  and 
patient  preceptor;  the  forbearing  and  indulgent  chief.  During  the 
two  years  in  which  I  read  law  under  his  direction,  and  the  eight  years 
during  which  I  had  the  honor  to  practice  with  him,  I  remember  no  occa 
sion  in  which  he  set  down  aught  of  failure  or  want  of  success  in  any 
matter  or  case  entrusted  to  me,  to  anything  which  would  reflect  on  my 
care,  ability  or  attention  to  the  duties  assigned.  He  was  ever  ready 
with  counsel  and  advice  in  matters  in  which  I  was  interested,  and  even 
after  the  dissolution  of  our  business  relations,  I  never  in  vain  sought  his 
counsel.  During  the  period  of  his  greatest  ascendancy  as  a  lawyer, 
when  he  made  his  greatest  reputation,  I  did  not  know  him;  that  being 
before  my  time,  and  I  will  leave  it  to  those  who  are  here,  and  who  then 
knew  him,  to  speak.  We  of  my  generation  have  but  seen  the.  reflec 
tion  of  his  mighty  past. 

THE  RESOLUTIONS. 

Resolved,  That  in  the  death  of  the  Hon.  C.  G.  Memminger,  while  we 
recognize  with  grateful  hearts  that  he  has  been  blessed  with  many  days 
of  usefulness — more  than  the  span  of  three  score  years  and  ten — we,  his 
brethren  of  the  Bar,  feel  deeply  afflicted  and  grieved  at  his  removal. 

Resolved,  That  while  in  his  death  the  country  has  lost  a  statesman, 
the  State  a  patriot,  the  community  a  benefactor,  this  Bar  has  lost  one  of 
the  most  profound  jurists,  one  of  the  most  powerful  advocates,  one  of  the 


TRIBUTES  TO  HIS  MEMORY.  407 

most  exemplary  practitioners,  whose  name  has  ever  been  inscribed  upon 
our  rolls  and  each  one  of  us  a  friend. 

Eesolved,  That  we  deeply  sympathize  with  his  family  in  their  afflic 
tion,  and  that  a  copy  of  these  resolutions  be  sent  to  them. 

Resolved,  That  his  Honor  be  requested  to  direct  these  resolutions  to 
be  entered  upon  the  minutes  of  the  court  and  be  published  in  the  daily 
papers  of  this  city. 

JUDGE  MAGRATH'S  REMARKS. 

Judge  A.  G.  Magrath  seconded  the  resolutions  and  very  beautifully 
alluded  to  the  high  qualities  of  the  deceased  at  the  Bar  and  in  all  the 
walks  of  life.  He  spoke  of  the  high  standard  which  Mr.  Memminger 
held,  a  lawyer  should  always  maintain,  and  said  that  in  his  relations  with 
him,  whether  associate  or  adversary,  he  had  always  found  in  him  the 
same  high-toned  example  of  what  a  practitioner  at  the  bar  should  be. 
It  was  not  strange  that  with  such  lights  as  were  before  him  he  should,  in 
regard  to  the  tone  of  his  profession,  have  pitched  it  in  its  highest  key. 
There  were  then  Thos.  S.  Grimke,  Hugh  S.  Legare,  Benj.  F.  Dunkin,  Jas.  L. 
Petigru,  Harper,  David  Johnson,  Judge  King,  and  many  others,  who 
illustrated  the  highest  standard  of  professional  honor.  Inferior  to  them 
only  so  far  as  years  were  concerned,  Mr.  Memminger,  even  with  those 
gentlemen,  was  marked  not  only  as  an  able  disputant,  but  a  formidable 
adversary  when  they  were  brought  in  collision  with  him.  They,  contin 
ued  the  speaker,  are  all  gone,  their  light  has  faded  away,  and  now,  with 
but  one  exception— one  whose  name  (Mr.  Edward  McCrady,  Sr.)  will  re 
cur  to  you  at  once — one  whose  name  it  would  be  too  painful  for  me  to 
mention  in  that  connection— with  but  that  one  exception,  the  lawyers  of 
that  time  and  generation  have  passed  away  forever.  When  you  lay  your 
tribute  on  the  tomb  of  Mr.  Memminger,  you  have  closed  that  book  and 
chapter  of  the  legal  professional  history  of  the  State.  For  honor,  learn 
ing,  power  in  debate,  in  so  far  as  he  could  at  the  Bar  advance  the  cause 
and  truth  of  justice,  he  was  the  equal  of  any  of  the  best  that  preceded 
him.  He  may  well  be  exhibited  to  us  as  a  worthy  example. 

REMARKS  OF  MR.  SIMONS. 

The  Hon.  James  Simons  next  seconded  the  resolutions.  He  said: 
May  it  please  your  Honor,  in  seconding  the  resolutions  before  you,  I  feel 
that  this  is,  indeed,  a  solemn  occasion.  We  are  here  to  pause  in  the  rest 
less  activity  of  life;  to  contemplate  the  death  of  one  of  the  most  distin 
guished  lawyers  who  has  ever  occupied  a  place  in  the  ranks  of  our  pro 
fession — of  one  of  the  most  eminent  of  our  fellow-citizens.  Having 
known  Mr.  Memminger  from  my  earliest  recollections,  and,  coming  to  the 
Bar  when  he  was  in  the  zenith  of  his  remarkable  career,  I  had  the  oppor 
tunity  of  appreciating  to  the  fullest  extent  those  characteristics  which 


408  LIFE  AND  TIMES  OF  C.  G.  MEMMINGER. 

earned  him  the  reputation  which,  living,  he  enjoyed,  and  which,  now  he 
is  dead,  will  preserve  his  name  in  the  history  of  the  State. 

Many  able  men  who  have  occupied  prominent  places  in  our  calling; 
who  in  their  day  and  generation,  in  this  court-house,  have  commanded 
the  admiration  of  the  Bench,  their  brethren,  and  the  public,  by  their 
power,  their  learning,  their  ability,  or  their  eloquence,  have  gone  to  their 
long  rest,  and  are  covered  by  the  mantle  of  oblivion.  The  names  of  some 
are  preserved,  perhaps,  in  the  traditions  of  the  Bar.  Few,  very  fewr,  con 
tinue  to  be  known  beyond  this.  Such  is  the  fate  even  of  the  most  dis 
tinguished  in  the  profession. 

Mr.  Memminger,  however,  has  impressed  himself  upon  the  times  in 
which  he  lived  as  few  have  done.  With  the  great  intellectual  gifts  with 
which  he  was  endowed,  he  united  a  singular  force  of  character  and  won 
derful  judgment.  He  was  essentially  a  practical  man.  During  his  ser 
vice  as  a  representative  of  the  people,  he  carried  with  him  into  the  halls 
of  the  Legislature,  as  a  law-maker,  the  ability,  learning  and  experience 
for  which  he  was  so  remarkable  as  an  expounder  of  the  law.  That  mar 
velous  lucidity  of  statement ;  that  clear,  calm,  convincing  faculty  of  rea 
soning  peculiar  to  him,  made  him  as  powerful  there  as  in  the  forum. 
His  strength  was  the  result  of  his  intellectual  force  and  his  industry  in 
mastering  the  work  he  undertook. 

During  his  long  service  there  was  scarcely  a  measure  of  any  impor 
tance  which  did  not  bear  his  impress.  No  one  acquainted  with  the  leg 
islative  history  of  the  State  can  fail  to  be  struck  with  the  great  in 
fluence  he  exercised,  not  only  upon  legislation,  but  upon  legislative 
procedure.  He  was  chairman  of  the  special  committee,  consisting  of  him 
self  and  Messrs.  William  F.  De  Sassussure  and  William  F.  Colcock, 
appointed  at  the  session  of  1838,  to  report  rules  for  the  House  of  Repre 
sentatives  of  the  State,  and  which  committee  reported  the  rules, 
prepared,  as  he  himself  has  informed  me,  by  the  then  Speaker,  David 
L.  Wardlaw,  and  which,  with  very  few  changes,  still  govern  that  body. 
His  important  public  services  are  too  numerous  to  mention  here.  They 
are  known  to  all  here  assembled. 

In  his  own  home,  the  city  of  Charleston,  he  continued  his  services  to 
his  fellow-citizens,  almost  to  the  last  of  his  long  and  useful  life,  in  the 
administration  of  that  system  of  public  education  which  his  enlightened 
wisdom  founded,  and  which  has  conferred,  and  will  continue  to  confer 
its  blessings  upon  generations  of  our  people.  His  grateful  fellow-citizens 
have  but  a  few  days  since  publicly  testified  their  appreciation  of  this 
great  work,  and  the  evidence  of  their  gratitude  stands  a  lasting  memo 
rial. 

His  brethren  of  the  profession  of  which  he  was  a  conspicuous  mem 
ber — a  shining  light — offer  their  tribute  to  this  great  jurist,  this  valued 
citizen,  this  good  man,  who  now  goes  to  his  rest  full  of  years  and  full  of 
honors. 


TRIBUTES  TO  HIS  MEMORY.  409 

REMARKS  OF  MR.  MILES. 

Mr.  Chas.  R.  Miles  next  seconded  the  resolution.  He  eloquently 
alluded  to  the  distinction  attained  by  Mr.  Memminger  in  the  various 
walks  of  life,  but  confined  his  remarks  mainly  upon  the  shining  qualities 
of  the  deceased  as  a  lawyer.  Admitted  to  the  Bar  nearly  sixty  years 
ago,  and  connected  with  the  profession  actively  up  to  within  a  very  few 
years,  his  career  is  almost  without  a  parallel  in  the  history  of  the  Bar  of 
the  State. 

Mr.  Miles  referred  to  the  beautiful  friendship,  which  for  sixty  years 
had  existed  between  Mr.  Memminger  and  the  only  surviving  member 
of  the  Bar  of  his  day  (Mr.  Ed.  McCrady),  a  friendship  as  true  and  warm 
at  the  end  as  at  the  beginning.  Mr.  Miles  then  went  on  to  describe  the 
high  qualities  of  Mr.  Memminger  as  an  attorney  at  law  in  all  the  courts 
of  the  State,  and  especially  in  the  court  of  equity,  where  he  shone  re 
splendent,  and  gave  several  illustrations  of  his  untiring  zeal  in  preserv 
ing,  as  far  as  in  him  lay,  the  high  standard  of  the  Bar. 

MR.  MCCRADY'S  REMARKS. 

May  it  please  your  Honor :  I  ask,  too,  that  I  may  be  allowed  to  join 
in  the  request  that  the  resolutions  proposed  be  spread  on  the  minutes  of 
the  court. 

Mr.  Memminger's  has,  indeed,  been  with  me  a  household  name  from 
my  earliest  youth.  The  close  relation  between  Mr.  Memminger  and  my 
senior  brought  me  in  contact  with  him  even  before  my  admission  to  the 
Bar,  and  in  later  years  circumstances  have  thrown  me  personally  more 
with  him.  In  this  intercourse  with  Mr.  Memminger  I  have  often  been 
struck  with  the  fact  that  though  he  had  attained  such  great  age  he  was 
living  in  the  present,  and  not  in  the  past. 

His  life  had  been  one  full  of  interest.  He  had  been  the  compeer  of 
many  great  men  of  the  Bar,  whose  names — with  his  now  added  to  them 
— are  our  heritage  and  lustre.  He  had  been  a  part,  indeed  a  great  part, 
of  the  history  of  our  State  for  half  a  century.  In  the  great  convulsion  of 
the  country  he  had  been  a  conspicuous  figure.  But  it  was  not  of  these 
things  he  talked ;  it  was  not  of  what  he  had  done,  or  what  he  had  seen 
and  heard  during  his  earlier  and  middle  life  that  he  spoke,  or  seemed  to 
think.  He  dwelt  not  on  these.  "With  him  it  seemed  to  be  the  rule  to 
"  let  the  dead  past  bury  its  dead."  It  was  in  the  present  that  he  lived. 
And  so  it  was  that  to  the  last  the  city  and  State  had  the  benefit,  not 
only  of  his  great  sagacity,  but  of  his  varied  and  enlarged  experience. 

So  it  was  that  after  he  had  obtained  more  than  a  middle  age,  he  had 
yet  thirty  years  to  give  to  the  education  of  his  people ;  that  after  three 
score  years  he  was  pushing  new  railroad  enterprises  and  inaugurating 
new  commercial  and  manufacturing  enterprises ;  that  after  seventy-five 
years  of  life  he  Returned  to  the  legislative  halls  of  the  State,  in  which  he 


410  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEE. 

had  been  so  long,  and  so  long  ago;  a  leader  to  take  part  with  those 
thirty,  forty  and  fifty  years  his  juniors  in  rearranging  and  settling  her 
finances,  in  reviving  her  institutions  of  learning,  and  in  restoring  the 
equitable  procedures  in  the  court. 

So,  too,  he  had  been  for  fifty  odd  years  in  the  councils  of  his  Church 
m  this  diocese ;  had  been  the  constitutional  adviser  of  its  chief  pastor 
through  three  bishoprics,  and  so  it  was  that  his  last  appearance  in  public 
was  in  its  convention.  Mr.  Memminger's  contemporaries  at  the  Bar 
were  great  lawyers,  and  he  was  a  great  lawyer  among  them  "VVe,  who 
came  to  the  Bar  thirty  years  ago,  may  say  with  Lord  Mansfield :  If  we 
can  arrogate  nothing  to  ourselves,  we  can  boast  the  school  we  were 
brought  up  in,  and  can  challenge  past  ages  to  show  us  their  superiors; 
and  among  them  there  was  not  his  own. 

REMARKS  BY  MR.  YOUNG. 

It  is  to  me  a  personal  gratification  to  join  in  the  tribute  to  Mr.  Mem- 
minger.  After  all  that  has  been  said,  and  so  well  said,  it  is  certainly 
unnecessary  for  me  to  say  anything  further  in  his  praise.  Considering 
how  he  performed  his  part  to  his  State  and  country,  his  friends  and  his 
family,  I  have  known  no  one  to  whom  the  words  used  by  Dean  Stanley 
to  Arnold  apply  more  truly.  When  you  consider  his  work  for  his  coun 
try,  he  lived  as  if  he  had  neither  friends  nor  family.  When  we  consider 
his  fidelity  to  his  friends  and  zeal  in  their  behalf,  it  would  seem  as  if  he 
had  neither  country  nor  family  to  occupy  his  mind.  And  when  we  con 
sider  him  in  his  family  relations,  he  lived  as  if  neither  friends  nor  State 
existed;  as  is  shown  by  the  fact  that  he  leaves  children  well  equipped 
and  moving  rapidly  forward  to  high  positions  in  the  community. 

It  is  a  gratification  to  me  to  recall  my  relations  with  him  for  the  last 
twenty  odd  years;  when  I  had  been  associated  with  him  very  closely  in 
a  certain  class  of  cases,  he  as  director  and  senior  counsel,  and  I  as 
solicitor. 

When  these  relations  began  twenty  years  ago  I  ranked  as  a  junior  at 
the  Bar,  and  he  as  among  the  oldest  members,  yet  with  no  one  were  con 
ferences  freer  and  more  frank,  nor  any  one  quicker  to  adopt  the  ideas 
suggested.  Pie  seemed  absolutely  devoid  of  pride  of  opinion,  and  when 
once  adopted  he  gave  as  hearty  support  to  the  suggestions  of  others  as 
to  his  own,  and  when  success  was  achieved  no  one  could  possibly  have 
been  more  generous  in  attributing  that  success  to  his  juniors. 

When  one  so  ripe  in  years  and  in  works,  whose  one  work  alone  will 
hand  down  his  name  to  posterity,  and  whose  assurances  of  the  future 
was  so  firm,  succumbs  to  the  common  fate  of  man,  there  can  be  no 
grief;  still  we  must  feel  sorry  that  such  lives  must  end,  and  when  the 
end  comes  there  is  said  to  the  survivors  : 

"  Nothing  is  here  for  tears,  nothing  to  wail, 

Or  knock  the  breast;  no  weakness,  no  contempt 

Dispraise  or  blame;  nothing  but  well  and  fair.*' 


TRIBUTES  TO  HIS  MEMORY.  411 


JUDGE  PRESSLEY'S  REMARKS. 

There  being  no  further  remarks  Judge  B.  C.  Pressley  spoke  as  follows : 
Brothers  of  the  Bar,  it  very  greatly  gratifies  me  to  hear  so  many  noble 
tributes  to  the  memory  of  our  distinguished  brother  of  the  Bar,  and  yet 
were  it  not  for  the  irresistible  impulse  to  give  utterrance  to  our  own 
feelings  and  to  incite  others  to  remember  so  noble  an  example,  all  that 
we  could  do  to  pay  tribute  to  the  memory  of  Colonel  Memminger,  would 
be  a  superfluous  work.  His  is  a  memory  that  takes  care  of  itself.  It  cannot 
die.  For  though  the  law  was  his  mistress,  it  was  not  to  him  a  jealous  mis 
tress.  His  versatility  of  talent  fitted  him  for  anything,  and  he  gave  his 
heart  to  every  noble  work,  and  especially  to  that  noblest  of  works:  the 
elevation  of  the  masses  by  an  equal,  free,  common  education.  That 
seemed  to  be  the  great  desire  of  his  life,  and  to  it  he  devoted  very  much 
of  the  time  of  his  life ;  and  now  around  us  and  amongst  us  are  the 
scholars  and  teachers  and  the  mothers  of  future  generations  who  will 
teach  their  children  to  reverence  and  love  him. 

All  along  through  the  future  ages,  in  the  long  vista  of  years,  you  will 
see  now  in  advance  down  that  avenue  the  mothers  teaching  their  child 
ren  to  love,  honor  and  remember  the  name  of  Colonel  Memminger,  and 
recounting  to  them  what  he  has  done  for  them.  So  I  feel,  gentlemen, 
that  nothing  we  could  say  would  add  one  leaf  to  the  amaranth  crown 
that  he  wears.  His  name  must  live.  Of  all  our  fellow-citizens  that  we 
have  been  accustomed  gladly  to  greet  with  a  hearty  hand-shake,  there 
is  not  one  less  likely  to  be  forgotten  than  Colonel  Memminger.  People 
who  know  anything  of  the  history  of  our  revolution  \vill  never  ask  why 
the  statue  of  William  Pitt  stands  in  our  city  hall  square ;  people  who 
know  anything  of  the  struggle  for  truth,  justice  and  the  constitution  will 
never  ask  why  the  statue  of  the  great  Calhoun  stands  in  Marion  square, 
nor  will  any  one  who  knows  anything  of  what  has  been  done,  wrhat  is  do 
ing,  and  what  will  be  done  for  the  elevation  of  the  masses  of  our  com 
munity  by  free  education,  ever  ask  why  the  marble  bust  of  Memminger 
stands  in  the  city  hall.  It  stands  there  of  right;  of  acknowledged  right, 
and  while  it  will  be  a  memento  ever  to  remind  us — like  other  signs  that 
hang  around  our  walls  telling  us  of  those  departed — we  need  no  such  re 
membrance  so  long  as  the  monuments  which  he  himself  reared  in  this 
community  last.  It  gratifies  me  to  join  in  your  tribute,  and  we  are  now 
ready  for  the  question.  Those  in  favor  of  the  resolutions  will  say  "  aye." 
The  resolutions  were  unanimously  adopted. 

Judge  Pressley:  The  clerk  will  enter  the  resolutions  upon  the 
minutes  of  the  court. 

A  volume  containing  the  tributes  paid  to  the  worth  of  Mr. 
Memminger  by  the  press  of  the  Southern  States  might  be 


412  LIFE  AND  TIMES  OF  C.  G.  MEMMINGEE. 

readily  prepared.  The  author  does  not  deem  it  necessary 
to  reproduce  these  here.  An  editorial  found  in  a  leading 
Charleston  journal  conveys  so  just  a  conception  of  his  merit 
that  I  extract  from  it  the  following  sentences  : 

Men  who  serve  gallantly  on  the  field  of  battle  generally  live  to  get 
their  reward,  whether  or  not  the  success  of  their  arms  is  secured.  Men 
in  civil  office,  who  organize  victory  or  bear  the  brunt  of  the  support  of 
armies  and  of  a  government,  are  rarely  praised  by  the  masses,  who  more 
surely  applaud  military  glory.  Washington's  name  lives  the  world  over, 
and  yet  Chauncey  M.  Depew  declared  on  the  22d  of  February  that 
Alexander  Hamilton's  was  the  commanding  genius  of  the  Revolution, 
which  revived  the  hopeless  credit  of  the  colonies  and  carried  through  the 
war.  "  With  few  precedents  to  guide  him,  he  created  a  fiscal  system  for 
the  United  States,  which  was  so  elastic  and  comprehensive  that  it  still 
controls  the  vast  operations  of  the  Treasury  and  the  customs."  Grant 
and  Lincoln's  are  the  names  which  have  grown  illustrious  with  the  suc 
cess  of  the  Union  armies,  but  Salmon  P.  Chase's  was  the  mind  which 
framed  the  national  banking  system,  revised  the  tax  schedules,  and  ne 
gotiated  the  loans  which  supplied  the  sinews  of  war. 

So  the  heroes  of  the  Confederacy  were  numerous.  Any  school  boy  in 
Europe  or  America  can  spell  their  names,  and  while  General  Wolseley 
has  declared  that  the  Southern  Confederacy  has  given  to  history  the 
greatest  soldier  of  his  age,  how  few  outside  of  South  Carolina  to-day  are 
familiar  with  the  tireless,  patient,  masterly  policy  of  C.  G.  Memminger, 
who  on  last  Friday  was  laid  quietly  to  rest  ? 

Modern  warfare  means  money.  Its  success  is  a  pure  matter  of  busi 
ness  after  all.  The  picture  of  the  barbarian  king,  who  threw  his  sword 
into  the  balance  to  support  the  ascending  scale  in  which  the  coins  had 
been  placed,  would  be  reversed  to-day.  The  sinews  of  war  would  out 
weigh  the  sword,  and  the  men  who  support  governments,  and  who  put  in 
motion  great  campaigns,  are  the  Hamiltons,  the  Chases  and  the  Mem- 
mingers. 

In  bringing  to  a  close  the  labors  which  have  engaged  the 
writer  for  several  months  in  the  preparation  of  this  biogra 
phy,  he  would  commend  its  study  to  the  youth  of  his  coun 
try.  The  student  will  at  least  find  the  causes  which  have 
produced  great  results  set  forth,  and  in  following  the  history 
of  a  great  man,  from  his  humble  childhood  to  his  honora 
ble  old  age,  he  will  learn  that  nothing  is  denied  to  well- 


TRIBUTES  TO  HIS  MEMORY.  413 

directed  labor  and  that  nothing  substantial  and  enduring 
can  be  obtained  without  it. 

I  desire  also  to  express  my  grateful  acknowledgments  to 
the  many  who  have  lightened  the  burden  of  my  work  by 
their  kindness,  and  wrho  have  extended  to  me  facilities  at 
their  command  without  which  I  could  not  have  gathered 
the  facts  I  have  bound  together  in  this  memoir.  Through 
your  good  offices,  my  friends,  I  have  been  enabled  to  gather 
the  fair  flowers  grown  by  his  own  hands,  and  in  the  beauti 
ful  garden  of  a  good  man's  life  ;  "  and  nothing  but  the 
thread  that  binds  them  is  my  own." 


FINIS. 


APPENDIX. 


REPORTS 

OF  THE 


SECRETARY  OF  THE  TREASURY, 


FINANCES  OF  THE  CONFEDERATE  STATES. 


TKEASUKY  DEPAETMENT,.C.  S.  A., 

MONTGOMERY,  ALA.,  May  10,  1861. 
Hon.  Howell  Cobb,  President  of  Congress  : 

SIK, — I  respectfully  submit  the  following  report  in  relation  to  the 
finances  of  the  Confederate  States : 

Since  the  inauguration  of  the  Provisional  Government  there  has  been 
received  into  the  Treasury  : 

From  the  State  of  Louisiana  for  customs  turned  over  ...  $  147,519  66 

Bullion  fund 389,267  46 

Customs  at  New  Orleans  to  May  1 332,772  49 

"     Charleston  to  April  20 84,344  38 

"     Mobile  to  April  27 67,818  52 

"        "     Savannah  to  April  24  . 100,00000 

1,121,722  51 
The  amount  expended  by  the  government  to  May  1  ...        993,308  32 

Balance.  .   .   . 128,414  19 

To  which  must  be  added — 

Proceeds  of  loan,  estimated  at 8,500,000  00 

Balance  in  Treasury 8,628,414  19 

The  appropriations  already  made  by  Congress  amount  to  .  .    17,683,370  00 
Of  which  have  been  paid 993,309  00 

Yet  to  be  paid 16,690,061  00 

Unexpended  appropriations >    16,690,061  00 

27  [  417  ] 


418      REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

New  estimates: 

War  Department $35,930,403  00 

Navy  Department 278,500  00 

Treasury  Department— interest  on  loan 500,000  00 

Civil  and  miscellaneous 230,500  00 

Postoffice  Department 500,000  00 

54,129,464  00 
This  payable  as  follows :      1st  July,  1861— 

War  Department 9,931,084  00 

Navy  Department  .   .   .   •   • 800,000  00 

Civil  Department 728,626  00 

Postoffice  Department 170,000  00 

11,629,710  00 


October,  1861— 

War  Department • 15,641,207  00 

Navy  Department. 800,000  00 

Civil  Department 650,000  00 

Interest  on  loan 400,000  00 

Postoffice  Department 170,000  00 

17,661,207  00 


18th  February,  1862— 

War  Department 23,186,547  00 

Navy  Department.  ..--..... 700,000  00 

Civil  Department 682,000  00 

Postoffice  Department 170,000  00 

Interest  on  loan 100,000  00 

24,838,547  00 
The  assets  to  pay  the  amount  payable_lst  July  are  as  follows: 

1.  Balance  in  Treasury 8,628,414  00 

2.  Balance  of  loan 6,500,000  00 

3.  Treasury  notes 1,000,000  00 

16,128,414  00 
To  pay 11,639,710  00 

4,498,704  00 


On  1st  October  there  is  payable 17,661,207  00 

Assets  1st  July 4,498,704  00 

Deficit •   • 13,162,503  00 

Payable  18th  February,  1862 24,838,547  00 

Total  deficit .  $38,001,050  00 


APPENDIX.  419 

From  these  statements  it  appears  that  up  to  the  first  day  of  October 
ensuing,  Congress  must  provide  additional  means  to  place  in  the  Treas 
ury  $13,162,503;  and 'for  the  remainder  of  the  year  of  the  Provisional 
government,  a  further  sum  of  $24,838,547  is  required,  making  in  the 
whole,  $38,001,050.  This  sum  will,  in  all  probability,  be  increased  by  the 
increased  dimensions  which  the  war  is  assuming;  so  that  the  provision 
to  be  made  should  be  full. 

No  material  assistance  can  be  had  from  duties  for  the  amount  re 
quired  on  the  1st  of  October.  Even  should  the  threatened  blockade  of 
our  ports  fail,  the  imports  and  exports  are  limited  at  the  Southern  ports 
to  the  period  at  which  the  crop  begins  to  move  foward.  Other  sources 
of  revenue  must  therefore  be  sought;  and  these  are  chiefly  to  be  found 
in  loans  and  direct  taxes. 

The  fifteen  million  loan  will  probably  absorb  all  the  money  which, 
before  the  coming  in  of  the  next  crop,  could  be  borrowed  on  a  long  in 
vestment  in  bonds  or  stocks.  Treasury  notes  offer,  therefore,  the  most 
probable  means  of  raising  money  at  the  required  period.  To  what  ex 
tent  they  can  be  made  available  can  only  be  ascertained  by  experiment, 
but  it  may  be  assumed  that  this  extent  will  greatly  depend  upon  the 
use  which  can  be  made  of  them  in  paying  debts.  If,  therefore,  a  basis 
be  laid  by  the  government  in  dues  to  it,  which  can  be  paid  in  treasury 
notes,  they  can  be  issued  freely,  and  obtain  general  circulation.  But  it 
is  apparent  that  at  first  they  only  anticipate  other  revenue,  and  by  in 
creasing  confidence  in  them,  they  can  ultimately  be  kept  in  the  hands 
of  the  people  as  a  more  permanent  loan.  It  results  from  this  reasoning 
that  the  government,  as  a  first  step,  must  create  a  direct  and  certain 
revenue;  and  that  before  the  first  of  October.  This  can  only  be  done 
by  a  direct  tax.  We  are,  therefore,  shut  in  to  that  source  of  revenue  by 
a  financial  necessity,  and  the  next  inquiry  is,  how  much  must  be  raised 
by  this  means  ?  Assuming  as  a  basis  for  this  inquiry  that  Congress  will 
pass  the  tariff  law  reported  by  the  Committee  on  Finance,  we  are  first 
to  estimate  what  amount  of  revenue  this  tariff  will  produce.  As  a 
general  rule  the  value  of  the  exports  of  a  country  adjusts  the  value  of 
the  imports. 

The  exports  of  cotton  may  be  valued  at $  200,000,000 

The  exports  of  tobacco  may  be  valued  at 30,000,000 

The  exports  of  other  articles  valued  at,  say 5,000,000 

235,000,000 

Deduct  from  this  for  contingencies  in  crops  and  values,  say 
10  per  cent 23,500,000 

$211,500,000 


420     REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

The  new  tariff  may  be  averaged  at,  say  12%  per  cent  .   .   .     $26,437,500 
Expenses,  say  5  per  cent 1,321,875 


Amount  from  tariff 25,115,625 

Of  this  amount  probably  one-half  only  will  be  collected  up 

to  the  18th  of  February 12,557,312 

Which  being  deducted  from  the  total  required  at  that  time  38,001,050 


Leaves  this  amount  to  be  otherwise  provided $25,443,738 


It  has  been  already  shown  that  $13,162,503  of  this  amount  must  be 
raised  before  the  1st  of  October;  and  that  the  portion  which  can  be 
raised  by  the  issue  of  treasury  notes  before  that  time  can  only  be  con 
jectured.  I  would  respectfully  suggest  that  a  sum,  not  exceeding  fif 
teen  millions,  be  raised  by  direct  taxes  as  a  war  tax.  This  tax,  after 
deducting  the  expense  of  collecting  it,  would  probably  pay  the  amount 
required  on  the  1st  of  October  ($13,162,503),  and  leave  to  be  provided 
between  the  1st  of  October  and  ISth  of  February,  the  sum  of  $24,838,547. 

Against  this  as  already  shown  may  be  set  down  the  amount  of  duties 
to  that  date,  $12,557,312. 

It  is  obvious  that  for  so  large  a  sum  it  would  be  desirable  that  the 
notes  issued  should  not  return  immediately  upon  the  Treasury;  as  in 
that  case  they  would  absorb  revenue  wanted  at  a  later  period  of  the 
year.  I  would,  therefore,  suggest  the  expediency  of  issuing  notes  at 
three  years,  of  two  kinds;  one  of  a  small  denomination,  without  inter 
est,  say  tens  and  fives,  and  denominations  of  twenties  and  upwards,  at 
eight  per  cent,  per  annum.  It  is  believed  that  those  bearing  this  inter 
est  will,  as  soon  as  the  crop  begins  to  come  in,  be  relieved  from  circula 
tion  as  a  sort  of  savings  fund,  by  each  holder,  while  the  smaller  will  be 
held  as  a  resource,  which  can,  at  any  moment,  be  commanded.  If  the 
Secretary  of  the  Treasury  be  authorized  to  try  the  market  with  these 
issues  experience  will  determine  to  what  extent  they  may  be  used. 

It  should  also  be  considered  that  there  is  a  possibility  that  money 
may  be  borrowed  at  home  or  abroad  upon  resources  which  the  govern 
ment  or  our  citizens  may  offer.  It  would  be  well  to  authorize  the  Treas 
ury  Department  to  take  proper  measures  to  that  end.  Experience  may 
show  that  a  larger  amount  of  treasury  notes  may  be  issued  than  that  I 
have  estimated  for;  and  if,  in  either  of  these  contingencies,  less  money 
should  be  required  from  direct  taxes  than  fifteen  millions,  the  Presi 
dent  may  be  authorized  by  proclamation  to  diminish  the  amou«nt  called 
for. 

In  relation  to  the  mode  of  collecting  a  direct  tax  I  would  respectfully 
suggest  that  a  more  simple  method  could  be  adopted  by  calling  in  aid 
the  State  machinery  for  collecting  taxes.  The  citizens  of  each  State 
would,  in  all  probability,  be  satisfied  with  the  assessments  and  modes 


APPENDIX.  421 

of  collection  established  by  their  respective  States.  If  Congress  should 
direct  the  quota  of  each  State  to  be  assessed  upon  its  citizens  upon  the 
basis  of  the  last  State  tax  paid  by  them,  to  be  collected  by  the  State 
tax  collectors,  at  the  rates  of  commission  allowed  by  the  State,  the  cum 
brous  system,  heretofore  pursued,  might  be  abandoned,  and  a  still  fur 
ther  modification  might  be  made  in  offering  a  discount  to  each  State 
which  may  pay  down  immediately  its  whole  quota. 
In  conclusion,  I  would  recapitulate  the  plan  herein  recommended: 

1.  To  enact  a  tariff  on  imports  at  a  rate  averaging  at  least  12J  per  cent. 

2.  To  impose  a  war  tax  not  exceeding  fifteen  millions. 

3.  To  authorize  the  issue  of  treasury  notes  to  such  extent  as  the  Sec 
retary  of  the  Treasury  may  find  available  not  exceeding  in  the  whole 
twenty  millions;  said  notes  to  be  of  the  denomination  of  five  dollars, 
and  over,  redeemable  in  three  years,  with   interest  from  date  of  issue, 
not  to  exceed  eight  per  cent,  for  all    denominations  of  twenty  dollars 
and  over. 

4.  The  Secretary  of  the  Treasury  to  be  authorized  to  take  up  a  loan 
at  home  or  abroad  for  an  amount  not  exceeding  fifty  millions,  at  an  in 
terest  not  exceeding  eight  per  cent.,  and  to  this  end,  to  be -authorized 
to  accept  from  citizens  who  may  tender  any  resources  which  can  be 
made  available  as  a  means  of  credit,  upon  such  terms  as  he  shall  deem 
for  the  public  interest. 

5.  In  case  by  any  of  these  means  funds  should  be  received  in  suffi 
cient  amount  to  dispense  with  part  of  the  war  tax,  that  the  President 
be  authorized  by  proclamation  to  diminish  the  quotas  called  for. 

Respectfully  submitted, 

(Signed)  C.  G.  MEMMINGEK, 

Secretary  of  Treasury. 


422       REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 


CONDITION  OF  TREASURY  DEPARTMENT. 


CONFEDERATE  STATES  OF  AMEEICA, 
TKEASURY  DEPARTMENT,  Richmond,  November  20th,  1861. 
Hon.  Howell  Coll>,  President  of  Congress: 

SIE, — I  have  the  honor  to  submit  the  following  report  of  the  condition 
of  this  Department. 

The  receipts  at  the  Treasury  from  all  the  various  sources  of  income 
up  to  the  16th  of  November  are  as  follows : 

From  customs .$      949,612  84 

Miscellaneous  sources 792,717  90 

Export  duty  on  cotton 1,311  65 

Loan  of  February  28th,  1861 14,989,726  65 

Loan  of  May  and  August 3,053,300  00 

Treasury  notes  under  act  of  March  9 2,021,100  00 

"      May  16 17,347,955  00 

"       August  19 12,830,400  00 

Interest  and  premium 33,963  67 


52,020,147  71 
Temporary  loan  from  banks 9,850,576  68 


$61,870,724  39 
The  expenditures  and  outstanding  warrants  are  as  follows : 

For  civil,  &c $  1,745,670  18 

For  war 66.018,740  03 

For  navy 2,902,305  55 

$70,666,715  76 


Balance  not  yet  paid $8,795,991  37 


This  balance  exists  in  the  form  of  treasury  warrants  which  are  in 
transitu,  and  will  be  paid  bj  the  issues  of  treasury  notes  whenever  they 
are  presented. 

This  large  amount  of  warrants  in  transitu  arises  from  the  fact  that  the 
payments  are  all  made  by  treasury  notes  issued  at  one  point,  and  their 
transmission  to  distant  places  consumes  much  time.  This  difficulty  will 
be  diminished  whenever  the  number  printed  shall  be  sufficient  to  exceed 
the  daily  requisitions.  They  can  then  be  forwarded  on  deposit  to  the 
various  assistant  treasurers  and  depositaries. 

The  amount  set  forth  in  the  receipts  as  borrowed  from  banks  em 
braces  two  items.  The  first  consists  of  the  balance  due  the  banks,  on  the 


APPENDIX.  423 

loan  of  their  notes,  made  in  advance  of  the  issue  of  treasury  notes,  and 
reported  at  the  last  session  of  Congress.  The  second  item  was  taken  up 
under  the  following  circumstances :  Long  before  the  passage  of  the  act 
of  last  session,  directing  the  issue  of  an  additional  number  of  treasury 
notes,  this  Department  attempted  at  each  of  the  principal  cities  in  the 
Confederate  States  to  make  arrangements  for  preparing  them.  A  con 
tract  was  made  in  Xew  Orleans  in  May  last  and  inducements  were  offered 
to  others  to  import  facilities.  An  active  agent  was  also  sent  by  the  De 
partment  to  bring  on  workmen  and  machinery.  But,  with  every  exer 
tion,  it  was  found  impossible  to  meet  the  requisitions  upon  the  Treasury. 
These  requisitions  so  far  exceeded  the  supply,  that  on  the  24th  October 
the  supply  of  notes  fell  behind  the  requisitions  by  the  sum  of  $11,892,- 
815.98.  The  daily  requisitions  upon  the  Treasury  continued  to  exceed 
the  supply  by  nearly  lifty  per  cent.,  and  the  difficulty,  therefore,  became 
greater  every  day.  The  only  relief  expected  was  from  a  further  supply 
of  printers  and  presses,  which  could  not  be  had  for  at  least  four  or  five 
weeks.  The  arrearages  covered  the  pay  of  troops  and  their  subsistence, 
and  threatened  serious  injury  to  the  credit  of  the  Treasury  and  to  the 
public  interest.  Under  these  circumstances  it  was  deemed  best  to  ac 
cept  the  tender  of  ten  millions  of  their  notes,  which  the  banks  of  South 
Carolina  and  Georgia  had  made,  at  an  interest  of  five  per  cent.,  on  a  pre 
vious  occasion,  when  delays  in  preparing  engraved  notes  were  expected. 
The  arrangement  made  with  the  banks  was  a  return  of  the  amount  as 
soon  as  treasury  notes  could  be  prepared ;  so  that  the  interest  to  be  paid 
by  the  Treasury  will  be  relieved  at  the  earliest  practicable  time,  and  is 
amply  compensated  by  the  relief  of  pressure  to  that  extent  upon  the 
Treasury.  This  relief  may  be  measured  by  the  fact  that,  notwithstand 
ing  all  the  efforts  since  made  to  increase  the  supply  of  treasury  notes, 
there  is  now  a  large  arrear  of  requisitions  lying  over,  amounting  to  about 
five  and  a  half  millions  of  dollars. 

The  loan  taken  from  the  banks  appeared  to  me  to  be  in  substance, 
though  not  in  form,  the  same  as  that  authorized  by  law,  and  at  a  less 
rate  of  interest.  The  law  authorizes  any  holder  of  treasury  notes  to  fund 
those  notes  in  bonds  at  eight  per  cent.,  payable  in  two  years,  and  these 
bonds  are  re-exchangeable  at  the  will  of  the  holder  for  treasury  notes. 
The  bank  notes  borrowed  were  used  in  payment  of  public  dues  as  a  sub 
stitute  for  treasury  notes,  and  if  an  exchange  had  taken  place  instead  of 
a  substitution,  the  treasury  notes  could  immediately  have  been  funded 
in  bonds  or  stock  at  eight  per  cent.  The  transaction,  which  actually  took 
place,  effects  the  same  result,  excepting  that  it  is  at  a  less  rate  of  inter 
est,  and  I  respectfully  ask  its  sanction  by  Congress.  I  have  the  satisfac 
tion  to  add  that  our  efforts  to  procure  at  home  the  notes  and  paper  have 
raised  up  three  home  manufactories  of  bank-note  paper  and  an  estab 
lishment  for  engraving  bank  note?. 


424       REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

The  preliminary  arrangements  for  the  collection  of  the  war  tax  have 
been  made  according  to  the  directions  of  the  law.  Chief  collectors  have 
been  appointed  in  all  the  States,  and  the  States  divided  into  districts. 
It  has  been  found  that  the  limited  compensation  allowed  to  the  district 
collectors  has  compelled  the  districts  to  be  made  smaller  than  is  desira 
ble.  It  would  have  been  better  to  increase  the  allowance,  particularly 
in  cities,  and  give  the  collector  a  larger  jurisdiction.  It  is  a  subject  of 
doubt  whether  the  salary  of  the  chief  collector  was  intended  to  include 
office  hire  and  all  contingencies.  I  have  interpreted  the  law  as  includ 
ing  within  the  salary  every  expense,  except  books,  stationery,  advertis 
ing,  postage,  and  the  like. 

On  examining  the  clause  relating  to  the  tax  on  money,  it  will  be  found 
that  a  doubt  is  created  as  to  the  extent  of  the  exception.  Congress  in 
tended,  unquestionably,  to  tax  cash  on  hand  and  on  deposit,  and  I  think 
that  intention  is  expressed  by  the  act.  But  the  failure  to  insert  a  semi 
colon,  and  the  use  of  the  conjunction  "and,"  has  given  occasion  to  inter 
ested  parties  to  raise  a  question,  and  to  claim  that  the  conjunction  places 
the  cash  among  the  excepted,  instead  of  the  taxed  property.  It  would 
be  well  to  settle  the  question  by  a  clause  in  any  supplementary  act  which 
may  be  passed. 

The  great  extent  of  our  country,  together  with  the  condition  of  the 
times,  has  rendered  it  impossible  to  comply  with  the  requisitions  of  the 
act  fixing  a  time  for  making  assessments.  This  time  was  fixed  at  as 
early  a  day  as  the  first  Monday  in  November,  chiefly  with  the  view  to  en 
able  the  State  Legislatures  to  determine  whether  they  would  assume  the 
payment  of  the  tax.  But  it  has  been  found  impracticable  to  accomplish 
this  end  within  the  time.  I  recommend,  therefore,  that  the  time  for 
making  the  assessments  be  extended  to  the  first  day  of  January  next. 
This  will  involve  an  extension  of  time  for  the  subsequent  proceedings, 
but  it  will  not  affect  the  date  at  which  the  collection  of  the  tax  is 
directed  to  be  made. 

The  treasury  notes  issued  under  the  act  of  May  16th,  1861,  amount  to 
nearly  twenty  millions,  and  the  authority  given  by  that  act  Is  exhausted. 
One  of  the  provisions  of  this  act  was  an  experiment,  which  has  been 
found  to  work  well.  It  allowed  these  twenty  millions  of  notes  to  be 
funded  in  ten-year  bonds  or  stocks,  which  should  be  re-exchangeable  for 
treasury  notes.  A  large  amount  of  these  notes  have  been  thus  funded 
and  the  bonds  and  stocks  are  quite  in  demand.  Almost  the  entire  loan 
first  taken  from  the  banks  has  been  funded  by  them  in  this  stock,  and  it 
seems  to  me  advisable  to  extend  the  privilege  to  all  the  treasury  notes 
allowed  by  law.  The  act  of  May  16th  gives  the  privilege  to  the  two-year 
treasury  notes  issued  under  that  act,  and,  until  the  experiment  was 
tried,  it  was  not  deemed  advisable  to  include  the  issue  under  the  act  of 
August  19th.  It  has  since  been  found  that  the  treasury  notes  have  de- 


APPENDIX.  425 

rived  additional  currency  from  the  freedom  with  which  they  can  be  con 
verted  into  an  interest-bearing  security,  which,  at  any  moment,  can  be 
reconverted  into  currency.  The  advantage  to  these  securities  is  so  great 
that  I  think  they  could  be  made  to  bear  a  less  rate  of  interest.  I  recom 
mend,  therefore,  that  the  holders  of  any  issue  of  treasury  notes  be 
authorized,  under  such  regulations  as  may  be  issued  by  the  Secretary  of 
the  Treasury,  to  fund  them  in  bonds  or  stock,  bearing  a  rate  of  interest 
not  exceeding  seven  per  cent.,  which  bonds  or  stock  shall  be  re-ex 
changeable  for  treasury  notes.  It  seems  to  me  probable  that  six  per 
cent,  interest  will  be  sufficient  for  these  securities,  and  I  propose  to  try 
that  rate ;  but,  as  it  may  not  prove  so,  it  would  be  well  to  give  the  power 
to  issue  at  seven  per  cent.  I  would  prefer  attempting  the  lower  rate  for 
another  reason.  It  is  desirable  to  hold  out  inducements  for  investment 
in  the  permanent  funded  debt.  A  difference  of  two  per  cent,  interest 
would  furnish  that  inducement;  but  so  long  as  the  convertible  bonds 
bear  an  interest  nearly  the  same  as  the  permanent,  the  former  will  be 
preferred,  and  will  bring  a  higher  market  price.  Still,  as  there  is  some 
uncertainty  what  difference  is  requisite  to  effect  the  result,  I  respectfully 
recommend  that  a  discretion  be  confided  to  the  Secretary  of  the  Treasury 
on  this  point. 

The  whole  fifteen  million  loan  of  February  28, 1861,  has  been  taken  up. 
Upon  the  loan  of  August  19th  a  large  amount  has  been  subscribed  from 
the  proceeds  of  the  sale  of  produce.  As  the  value  of  produce  is  uncer 
tain,  no  absolute  estimate  can  be  made  of  the  avails  of  the  proceeds. 
Eeasonable  conjecture  rates  the  amount  at  between  forty  and  fifty  mil 
lions. 

The  treasury  notes  already  issued  amount  in  the  whole 

to $  32,199,455  00 

The  bonds  exclusive  of  the  loan  of  February  28th  ....        3,053,300  00 

The  amount  of  temporary  loan  from  banks,  for  which 

treasury  notes  must  be  issued 9,850,576  68 

And  the  balance  of  treasury  warrants  outstanding,  for 

which  treasury  notes  must  also  be  issued,  is 8,795,991  37 


Total 53,899,323  05 

Which,  being  deducted  from  amount  authorized,  say  .  .    .    100,000,000  00 


Leaves  authority  to  issue  only $  46,100,676  95 


This  sum  being  not  more  than  the  amount  probably  required  for  the 
bonds  for  the  produce  loan,  it  is  clear  that  authority  must  be  given  for 
extending  the  issue  of  treasury  notes.  The  amount  of  this  increase  must 
be  determined  by  the  period  which  Congress  shall  see  fit  to  provide  for. 
This  .period,  it  seems  to  me,  must  extend  at  least  to  April  next,  because 


426       REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

the  new  Congress  could  scarcely  make  new  arrangements  before  that 
date.  The  expenditures  for  the  last  two  months  have  averaged  about 
twenty  millions  per  month.  At  that  rate,  from  first  November  to  first 
April,  will  require  one  hundred  millions  for  current  expenses.  It  is  not 
probable  that  any  considerable  amount  will  be  realized  within  that  pe 
riod  from  the  produce  loan,  and,  therefore,  the  whole  sum  must  be  raised 
by  treasury  notes. 

It  has  been  already  shown  that  the  existing  laws  only  authorize  a 
further  issue  of  both  bonds  and  treasury  notes  to  about  forty-six  mil 
lions,  and  that  the  produce  loan  will  probably  exhaust  this  amount. 

Authority  is,  therefore,  required  to  issue  bonds  for  further  loans,  to  be 
subscribed  by  the  citizens,  or  to  be  used  in  the  purchase  of  army  sup 
plies,  and  the  amount  of  these  bonds,  added  to  the  one  hundred  millions 
additional  for  treasury  notes,  will  furnish  the  extent  of  additional 
authority  required  of  Congress.  When  these  treasury  notes  shall  have 
been  used,  the  whole  issue  of  treasury  notes  will  amount  to  about  one 
hundred  and  fifty-four  millions.  It  is  hoped  that  a  considerable  portion 
of  these  notes  will  be  funded,  and  in  that  way  reduce  the  amount  of  cir 
culation,  and  to  that  end  it  is  advisable  to  make  the  funded  debt  as  se 
cure  and  as  acceptable  to  the  public  as  may  be  practicable. 

1  propose  to  issue  the  bonds  and  stock  authorized  by  the  act  of  August 
19th  upon  the  plan  suggested  by  Mr.  Holmes,  of  South  Carolina,  and 
adopted  by  the  city  of  Charleston.  The  principle  of  the  plan  is  the  semi 
annual  payment  of  a  part  of  the  principal,  and  the  appropriation  of  a 
fixed  amount  sufficient  to  pay  the  whole  interest,  together  with  the 
portion  of  principal  proposed  to  be  paid  off.  Every  year  the  amount  re 
quired  for  interest  becomes  less  and  adds  to  the  amount  applicable  to  the 
principal. 

It  will  be  seen  that,  by  this  method,  the  entire  debt  can  be  extinguished 
in  twenty  years  by  raising  annually  the  interest  and  one-twentieth  of  the 
principal.  I  have  assumed  that  after  the  expiration  of  two  years  from 
the  first  January  ensuing,  payments  of  principal  may  be  commenced; 
and  as  the  law  limits  the  bonds  to  twenty  years,  I  propose  to  issue  them 
in  semi-annual  periods,  extending  over  eighteen  years,  from  first  Janu 
ary,  1864,  and  paying  semi-annually  one-thirty-sixth  of  the  principal. 

It  seems  to  me  that  the  varying  periods  at  which  the  bonds  become 
payable  will  recommend  them  to  the  public,  and  especially  to  the  sub 
scribers  to  the  produce  loan.  In  time  of  peace  the  distant  bonds  would 
be  preferred,  but  I  think  that  at  this  time  the  short  bonds  will  be  in 
greatest  demand.  Every  subscriber  to  the  produce  loan  who  has  debts 
to  pay  will  prefer  the  short  bonds,  as  they  may  be  made  available  for  that 
purpose.  So,  too,  persons  funding  treasury  notes  will  probably  prefer 
short  bonds.  Moreover,  the  different  dates  will  suit  guardians,  trustees, 
and  other  persons  who  make  investments  with  a  fixed  purpose,  and  it  is 


.1 PPENDIX.  427 

believed,  therefore,  that  this  plan  will  suit  the  wants  of  all  better  than 
any  other,  while  the  advantage  to  the  government  in  having  its  debt 
gradually  and  steadily  diminished  is  a  full  compensation  for  the  addi 
tional  expense  and  inconvenience  of  such  an  issue. 

As  soon  as  the  estimates  of  additional  appropriations  required  by  the 
various  departments  shall  be  received,  I  shall  submit  the  further  finan 
cial  estimates  and  recommendations  which  they  shall  call  for. 

I  have  further  to  report  that  under  the  provisions  of  the  act  of  Con 
gress,  an  assay  office  has  been  established  at  Dahlonega;  and  that  no 
application  has  yet  been  made  for  the  office  at  Charlotte. 

I  have  also  to  report  that  under  the  provisions  of  the  act  of  Febru 
ary  28,  1861,  I  have  extended  the  ports  of  delivery  at  Memphis  and 
Nashville  into  ports  of  entry;  and  for  the  convenience  of  disbursing 
officers  in  Tennessee,  Kentucky,  Arkansas,  Mississippi  and  Missouri,  I 
have,  under  the  provisions  of  the  act  of  Congress  of  6th  August,  1861, 
made  the  collectors  of  these  ports  depositories  of  public  moneys. 

All  which  is  respectfully  submitted. 

C.  G.  MEMMINGER, 
Secretary  of  Treasury. 


428       REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 


Statement  exhibiting  the  Receipts  and  Expenditures  of  the  Government,  from 
its  organization  to,  and  including,  November  16,1861. 

Receipts  to  June  30,  1861,  inclusive : 

From  Customs $  797,960  43 

Miscellaneous  sources 629,165  51  :NS 

Subscriptions  to  loan  of  Feb'ry  28,  1861,   7,450,749  65  * 

Interest  on  ditto 1,044  57 

Premium  on  ditto 4,187  62 

Treasury  notes  issued  under  act  of  9th 

March,  1861 1,116,40000 

$9,999,507  78 

Receipts  from  July  1st  to  November  16,  1861,  inclusive, 

as  per  statement  furnished  by  the  Treasurer: 

From    Customs 151,652  41 

Export  duty  on  cotton 1,311  65 

Miscellaneous  sources 163,612  39 

Subscriptions  to  loan  of  Feb'ry  28,  1861,  7,538,977  00 
Subscriptions  to  loan  of  May  16, 1861  .  2,702,100  00 
Subscriptions  to  loan  of  August  19,1861  351,20000 

Temporary   loan  from  banks 9,850,576  68 

Interest  on  loans  .  .    . 27,563  14 

Premium  on   loans 1,168  34 

Treasury    notes     issued   under  act  of 

May  16,  1861 17,347,955  00 

Treasury  notes  issued  under  act  of  Au 
gust  19,  1861 12,830,400  00 

Treasury    notes     issued    under  act  of 

March  9,  1861 904,700  00 

51,871,216  61 

Total  receipts $61,870,724  39 

Expenditures  to  September  30, 1861,  inclusive : 
Civil,  miscellaneous,  foreign  intercourse  and  public  debt, 
$1,506,548.72;  War,  $39,507,440.10 ;  Navy,  $1,962,928.79.    .     42,967,917  61 
Expenditures  from  October  1st  to  November  16, 1861, 
inclusive,  as  per  statement  furnished  from  office  of 
the  Secretary  of  the  Treasury: 

Civil,  miscellaneous,  foreign  intercourse  and  public  debt, 
$239,121.46;  War,  $26,511,299.93 ;  Navy,  $939,376.76  .  .   .   .      27,689,798  15 

Total  expenditures $70,666,715  76 


ROBERT  TYLER,  Register. 
TREASURY  DEPARTMENT,  REGISTER'S  OFFICE,  November  19,  1861. 


APPENDIX.  429 

REVIEW  OF  THE  FINANCIAL  MEASURES  OF  THE 
PROVISIONAL  GOVERNMENT. 


TREASURY  DEPARTMENT,  March  14,  1862. 

Hon.  Thos.  S.  Bocock,  Speaker  of  the  House  of  Representatives  of  the  Confed 
erate  States  : 

SIR, — At  the  first  meeting  of  the  Congress  of  the  permanent  govern 
ment,  it  seems  proper  to  present  to  its  members  a  review  of  the  finan 
cial  measures  of  the  Provisional  government,  and  of  the  position  in 
which  they  now  stand. 

At  the  commencement  of  the  government  a  revenue  system  was 
adopted,  which  was  deemed  adequate  to  its  support,  had  peace  contin 
ued.  The  tariff  was  greatly  reduced,  and  all  discriminating  duties  on 
ships  and  cargoes  were  abolished.  The  free  navigation  of  the  waters 
of  the  Confederate  States  was  offered  to  all  the  wrorld,  and  the  Missis 
sippi  river  was  recognized  as  a  great  highway  of  the  States  upon  its 
waters. 

The  action  of  the  United  States  government  admonished  us  to  pre 
pare  for  war.  The  presumed  dimensions  of  that  war  are  exhibited  by 
the  financial  measures  which  Congress  adopted.  They  authorized  an 
issue  of  one  million  of  dollars  in  treasury  notes,  of  denominations  not 
less  than  fifty  dollars,  payable  in  one  year,  at  an  interest  of  $3.65  per 
cent.  They  also  authorized  a  loan  of  fifteen  millions  of  dollars,  for  ten 
years,  at  an  interest  of  eight  per  cent.,  secured  by  an  export  duty  of 
one-eighth  of  a  cent  per  pound  on  raw  cotton,  and  directed  the  Secre 
tary  of  the  Treasury  to  devise  a  plan  for  its  redemption. 

The  plan  adopted  by  the  Secretary  provided  that  the  annual  produce 
of  the  export  duty  should  be  applied  first  to  pay  the  interest,  and  then 
to  purchase  from  the  lowest  bidders  so  much  of  the  principal  as  the 
surplus  would  reach,  reserving  a  discretion  to  the  Secretary  of  the 
Treasury  as  to  the  acceptance  of  bids  where  they  demanded  more  than, 
the  face  of  the  bonds. 

Considerable  difficulty  arose  in  disposing  of  this  loan,  from  the  fact 
that  in  some  of  the  Confederate  States  the  banks  had  suspended  specie 
payments,  while  in  others  they  were  paying  out  coin.  The  suspended 
banks,  however,  by  a  joint  and  patriotic  effort  determined  to  make  their 
notes,  when  paid  in,  for  the  loan,  equivalent  to  coin,  and  thereupon  the 
loan  was  successfully  negotiated. 

The  war  had  now  so  much  enlarged  its  proportions  as  to  demand 
sums  of  far  greater  magnitude.  On  the  16th  of  May,  authority  was 
given  to  issue  twenty  millions  of  dollars  in  treasury  notes  of  smaller 
denominations,  payable  in  two  years,  without  interest,  and  intended  to 


430        REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

circulate  as  currency ;  and  a  further  sum  of  thirty  millions  in  eight  per 
cent,  bonds.  The  holders  of  the  treasury  notes  were  allowed  to  fund 
them  in  the  bonds  of  the  Confederate  States,  payable  in  ten  years ;  and 
as  an  experiment,  these  bonds  were  allowed  to  be  reconverted  into 
treasury  notes  at  the  pleasure  of  the  holder. 

At  this  stage  of  our  progress  we  were  brought  to  a  stand  by  the  diffi 
culty  of  preparing  treasury  notes  in  the  Confederate  States.  We  had 
become  so  entirely  dependent  upon  the  North,  that  but  a  single  bank 
note  engraver  could  be  found  in  the  Confederate  States;  and  none  of 
the  material  necessary  for  a  bank  note  was  manufactured  amongst  us. 
We  were,  therefore,  compelled  to  substitute  lithographs  for  steel  en 
gravings,  and  to  create  the  manufacture  of  bank-note  paper.  The  de 
lays  incident  to  such  a  state  of  things  produced  many  difficulties,  and 
rendered  it  impossible  to  furnish  an  amount  in  notes  adequate  to  meet 
the  daily  requisitions  of  the  departments.  The  banks  were  applied  to 
for  a  loan  of  their  notes  to  meet  the  exigency.  They  promptly  re 
sponded,  and  the  balance  due  them  is  set  forth  in  one  of  the  schedules 
accompanying  this  report. 

The  increasing  dimensions  of  the  war  induced  the  Congress  at  its 
next  session,  to  expand  the  issue  of  treasury  notes  to  one  hundred  mil 
lions,  and  to  authorize  a  loan  on  bonds  or  stock  for  one  hundred  mil 
lions  more.  The  notes  were  made  payable  six  months  after  the  ratifica 
tion  of  a  treaty  of  peace  with  the  United  States;  and  in  order  to  pre  , 
vent  their  redundancy,  it  was  provided  that  any  holder  might  fund 
them  in  eight  per  cent,  bonds;  or,  to  the  extent  of  twenty  millions, 
might  exchange  them  for  bonds  payable  in  ten  years,  at  an  interest  not 
exceeding  seven  per  cent.,  re-exchangeable  for  treasury  notes. 

Throughout  the  Confederacy  the  banks  and  people  promptly  re 
sponded  to  these  measures  of  the  government,  and  everywhere  the 
treasury  notes  were  accepted  as  currency.  These  notes  thus  became 
part  of  the  regular  circulating  medium,  and  furnished  the  government 
with  a  large  and  available  loan,  free  of  interest.  In  return,  the  govern 
ment  owed  a  duty  to  take  all  proper  means  to  prevent  an  over-issue, 
and  the  depreciation  consequent  thereupon.  It  was  therefore  provided 
that  the  notes  might  be  funded  at  the  pleasure  of  the  holder  in  Confed 
erate  bonds  at  an  interest  of  eight  per  cent.;  and  to  secure  the  punc 
tual  payment  of  the  principal  and  interest  of  these  bonds,  a  war  tax  of 
one-half  of  one  per  cent,  was  imposed  upon  the  chief  articles  of  prop 
erty  in  the  Confederate  States. 

The  fifteen  million  loan  was  taken  up  chiefly  by  the  banks  and  by  the 
commercial  community.  It  was  deemed  proper  to  bring  this  second 
loan  more  particularly  to  the  attention  of  the  planters.  Measures  were 
taken  to  canvass  the  cotton  region  for  subscriptions,  payable  from  the 
proceeds  of  the  growing  crop.  These  subscriptions  amount  to  about 


APPENDIX.  431 

twenty  millions,  and  had  our  ports  been  open,  would  at  this  time  have 
furnished  available  means  for  the  support  of  the  government.  But,  in 
the  present  state  of  things,  they  stand  only  as  a  basis  of  credit,  and  are 
realized  from  time  to  time  as  sales  of  the  crop  are  effected.  These  sales 
are  sufficiently  extensive  to  require  the  appointment  of  agents  at  the 
principal  places  of  delivery  to  collect  the  subscriptions;  and  they  have 
accordingly  been  appointed.  I  herewith  communicate  a  copy  of  the 
instructions  given  to  them. 

THE    ONE-HUNDRED-MILLION    LOAN. 

The  bonds  for  this  one  hundred  million  loan  were  authorized  to  bo 
issued  for  any  period  less  than  twenty  years.  The  interest  being  at 
eight  per  cent.,  it  was  deemed  best  to  make  the  period  as  short  as  possi 
ble.  The  war  tax  had  been  adjusted  to  raise  a  sufficient  amount  to  pay 
part  of  the  principal  as  well  as  the  whole  interest  of  the  debt;  and  as 
soon  as  peace  might  be  restored,  a  judicious  economy  would  enable  the 
government  to  pay  off  the  debt,  if  distributed  over  a  series  of  years. 
And  even  should  it  not  be  found  convenient  to  pay  off  the  instalments 
as  they  became  due,  the  improved  credit  of  the  government  in  time  of 
peace  would  enable  it  to  raise  money  at  a  less  rate  of  interest,  where 
with  it  could  discharge  its  obligations. 

These  considerations  induced  me  to  arrange  the  debt  upon  the  plan 
of  Mr.  James  G.  Holmes,  of  South  Carolina;  the  principle  of  which  is 
the  distribution  of  the  debt  into  instalments,  wrhich  call  for  the  pay 
ment  annually  of  a  fixed  sum  for  principal  and  interest,  so  adjusted  as 
to  extinguish  the  whole  in  twenty  years.  This  is  accomplished  by  mak 
ing  the  first  instalment  of  principal  payable  in  two  years,  and  the  last 
in  twenty,  and  distributing  the  payments  into  thirty-six  semi-annual 
periods.  This  constant  diminution  of  the  principal  annually  dimin 
ishes  the  interest,  and  leaves  a  larger  portion  of  the  fixed  payment 
applicable  to  the  remaining  principal,  until  the  whole  debt  is  dis 
charged. 

This  scheme  of  public  debt,  it  is  believed,  will  be  found  more  suitable 
to  the  wants  of  our  community,  particularly  at  the  present  time.  The 
planting  community  will  more  readily  be  induced  to  take  bonds  which 
they  can  use  in  payment,  or  which  will  be  paid  up  at  short  periods,  and 
which  from  the  small  amount  of  money-capital  usually  seeking  in 
vestment  in  bonds,  they  can  expect  to  realize  promptly  by  the  usual 
method  of  sale. 

THE  RESULTS  OF  THE  MEASURES. 

I  now  proceed  to  exhibit  the  results  of  these  measures  and  the  pres 
ent  condition  of  the  Treasury. 


432       REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

The  receipts  into  the  Treasury  from  all  sources  during  the  existence 
of  the  Provisional  government,  say  from  the  17th  of  February,  1861,  to 
18th  of  February,  1862,  are  as  follows : 

Customs $      1,270,875  48 

Miscellaneous 988,888  2Q, 

Fifteen  million  loan 15,000,000  00 

Bank  loan 9,813,545  49 

One  hundred  million  loan 16,152,660  02 

Interest  and  premium •    .    .*..  33,785  13 

Treasury  notes 95,790,250  00 


$139,051,004  32 

The  total  amount  of  expenditures  is  as  follows : 
Civil,  miscellaneous,    foreign     intercourse    and     public 

debt $      5,045,660  82 

War 152,844,430  20 

Navy 7,600,485  89 


$165,490,576  91 

The  difference  between  these  two  aggregates,  to-wit :  $26,439,572.59, 
exhibits  the  balance  remaining  in  the  Treasury  to  the  credit  of  disburs 
ing  officers  throughout  the  Confederacy.  This  balance  will  be  paid  in 
treasury  notes  as  the  same  may  be  called  for,  and  when  paid  will  add 
that  amount  to  the  issue ;  making  for  the  whole  issue  under  the  Provis 
ional  government  the  sum  of  $122,229,822.59. 

The  Provisional  Congress  has  extended  its  appropriations  for  the  sup 
port  of  the  government  as  far  as  the  first  of  April,  ensuing.  The  total 
amount  of  appropriations  made  up  to  that  period  is  $249,285,086.26; 
from  which  deduct  those  already  paid  as  above,  $165,490,576.91,  leaves 
yet  to  be  paid,  $83,794,509.39. 

The  means  which  have  been  provided  to  pay  this  amount  are : 

1.  The  remainder  of  treasury  notes  authorized  to  be  issued. 

Whole  amount  authorized $  150,000,000  00 

Amount   absorbed  by   expenditures   of  the   Provisional 

government 122,229,822  59 


Balance  .   .   .   .  • $27,770,177  41 

This  balance  is  subject  to  further  abatement  on  account  of  the  tempo 
rary  loan  made  by  the  banks,  which  they  have  the  right  to  call  for  in 
treasury  notes. 

This  loan  amounts  to $      9,813,545  49 

Leaving  the  amount  of  treasury  notes,  which  may  still 

be  issued 17,956,631  92 


APPENDIX.  433 

2.  The  next  item  of  means  provided  by  the  Provisional  Congress  is  the 
remainder  of  the  one  hundred  million  loan  authorized  by  the  war  tax  act. 

Whole  amount   authorized $100,000,000  00 

Amount  already  issued 16,152,660  02 

Balance .$83,847,339  98 

Add  the  balance  of  treasury  notes  authorized 17,966,631  92 


Total  means • •    ....  $101,803,971  90 

Balance  of  appropriations  as  above 83,794,509  35 


Surplus $18,009,462  55 


From  this  abstract  it  appears  that  it  will  require  about  sixty-six  mil 
lions  more  of  the  one  hundred  million  loan,  together  with  all  the  treas 
ury  notes  authorized  by  law,  to  pay  the  appropriations  already  made. 
It  is  not  probable,  however,  that  all  these  appropriations  will  be  required. 
Several  of  them  are  made  upon  contingencies ;  and,  in  no  event,  is  it 
likely  that  they  will  all  be  called  for  within  the  period  for  which  they 
were  appropriated.  Continual  accession  to  the  means  of  the  Treasury 
is  already  had  from  the  produce  loan.  The  subscriptions  to  this  loan 
are  portions  of  the  one  hundred  million  loan,  and  are  therefore  applica 
ble  to  the  current  expenditures.  Treasury  notes,  too,  are  deposited 
every  day  with  the  treasurer  and  assistant  treasurers,  upon  the  ar 
rangement  which  authorizes  their  deposit  on  call.  And  if  we  can  pre 
serve  the  confidence  of  the  country,  these  deposits  will  absorb  a  large 
portion  of  the  bank  deposits  and  much  of  the  domestic  exchanges  of 
the  country,  as  soon  as  it  is  understood  that  they  can  be  drawn  or 
transferred  from  place  to  place  at  the  pleasure  of  the  holder. 

It  is  obvious,  too,  that  these  call-deposits  will  assist  in  relieving  any 
redundancy  in  the  currency,  by  withdrawing  a  part  of  the  circulation  ; 
and  it  is  hoped  that,  with  the  aid  of  funding  in  the  permanent  debt, 
this  dangerous  method  of  raising  money  will  be  rendered  safe.  To  en 
able  the  Treasury  to  use  the  whole  amount  deposited,  it  would  be  well 
to  give  that  department  authority  to  hold  in  reserve  and  issue  a  certain 
surplus,  in  case  of  sudden  and  unexpected  calls  by  depositors. 

The  next  matter  in  order  is  the  consideration  of  the  estimates  for  ex 
penditures  and  supplies,  for  the  period  designated  by  Congress,  say  to 
the  first  of  December  next.  The  estimates  of  expenditure  furnished  by 
the  different  departments  are  as  follows : 

Civil    List $         617,572  74 

Miscellaneous 2,466,223  49 

Foreign    intercourse 60,000  00 

Public  debt 1,500,000  00 

War .    199,799,725  58 

Navy 9,560,905  29 

$214,004,427  10 


434       REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

The  only   means  already  provided,  to  supply   these  demands  con 
sist  of — 

1.  The  balance  of  the  one  hundred  million  loan,  above  stated,  which 
when  realized,  would  amount  to  $17,847,339.98. 

2.  And  the  net  proceeds  of  the  war  tax.    The  amount  of  this   item  is 
rendered  uncertain  by  the  occupation  of  some  of  our  territory  by  the 
enemy.    It  must  be  set  down  at  a  conjectural  amount,  say,  at  twenty 
millions. 

The  remainder  of  the  supplies  must  be  obtained  by  one  or  more  of 
the  following  methods : 
One.  Taxes. 
Two.  Treasury  notes. 
Three.  Loans. 

1.  Taxes.  Experience  has  fully  established  that  the  expenses  of  mod 
ern  war  cannot  be  maintained  by  the  taxes  to  be  levied  during  a  state 
of  war.    The  utmost  that  can  be  obtained  by  taxes,  at  such  a  time,  is 
the  establishment  of  a  solid  basis  for  loans,  and  the  pledging  a  suffi 
cient  amount  of  annual  income  to  discharge  the  principal  and  interest 
of  such  loans,  as  they  become  payable.    The  war  tax,  levied  by  the  Pro 
visional  Congress,  stands  upon  this  basis;  its  proceeds  are  too  small  for 
any  other  purpose. 

2.  Treasury  Notes.  Experience  has  also  established  that  this  is  the  most 
dangerous  of   all  the  methods  of  raising  money.    The  danger  arises 
from  the  fact  that,  in  borrowing  money  in  this  form,  the  government 
interferes  with  the  measures  of  value.    The  amount  of  currency  usually 
circulating  in  a  country  forms  its  measures  of  value.     While  this  con 
sists  of  gold  and  silver,  it  cannot  become  redundant,  because  any  excess 
would  immediately  be  exported  to  other  countries.    But  when  a  cur 
rency  has  no  value  except  in  one  country,  this  security  against  excess 
is  lost,   and  every  addition   becomes   permanent    circulation.    Every 
money-value  must  re-adjust  itself  to  this  increase,  and  the  result  is, 
that  to  obtain  a  comparatively  small  amount  of  money,  the  values   of 
the  entire  property  of  the  community  are  changed.    The  government 
itself,  in  time  of  war,  becomes  the  greatest  sufferer.    Being  the  largest 
purchaser  of  commodities,  it  buys  at  the  inflated  prices  which  it  has 
itself  produced,  and  loses  more  in  its  payments  than  the  amount  it  has 
attempted  to  raise  by  its  currency.  The  relations  of  debtor  and  creditor 
are  disturbed  by  every  successive  issue,  and  the  result  is  the  prostra 
tion  of  public  credit  and  private  confidence.    The  facility  with  which 
a  government  paper  currency  may  be  issued,  offers  strong  temptations 
to  resort  to  it  in  difficult  times.     But   the  disastrous    consequences 
which  have  always  attended  its  over-issue,  warn  us  to  mark  with  care 
the  boundaries  within  which  it  should  be  confined. 

With  this  view  the  Provisional  Congress  have  anxiously  sought  for 
appropriate  checks  and  absorbents.    They  began  with  an  issue  of  twenty 


APPENDIX.  435 

millions,  which  has  been  gradually  extended  to  one  hundred  and  fifty 
millions.  Feeling  their  way  with  each  successive  issue,  they  have  pro 
vided  two  means  of  relieving  redundancy.  One  is  the  permision  to  fund 
in  permanent  securities  of  the  government  at  eight  per  cent.;  the 
other  is  a  deposit  on  call  at  six  per  cent.  It  was  supposed  that  any  re 
dundancy  would  be  absorbed  by  one  or  the  other  of  these  outlets,  and 
that  the  remainder  would  justly  measure  the  actual  wants  of  the  com 
munity.  Within  this  limit  a  government  currency  may  be  safely  and 
even  beneficially  used. 

In  a  former  report  it  was  shown  that  the  actual  currency  of  the  Con 
federate  States,  before  the  present  war,  might  be  estimated  at  eighty- 
five  and  a  half  millions,  and  it  was  suggested  that  it  might  safely  be 
enlarged  to  one  hundred  millions.  Since  that  period  it  has  been  deemed 
necessary  to  extend  the  issue  to  one  hundred  and  fifty  millions.  At  the 
date  of  the  statements  above  referred  to  the  actual  issue  amounted  to 
only  $95,790,250;  but  since  that  period  they  have  been  increasing  daily, 
until  at  present  they  amount  to  $107,988,855.  The  evidence  of  redun 
dancy  begins  to  appear  in  the  freedom  with  which  call  deposits  are 
made,  and  the  high  prices  of  specie  and  foreign  exchange  are  partly  the 
result  of  that  same  cause.  But  on  the  other  hand,  the  freedom  with 
which  treasury  notes  are  circulated  at  par  with  bank  notes,  indicates 
an  equal  confidence  in  both;  while  the  capacity  they  have  of  being 
funded,  gives  them  a  superior  claim  on  public  confidence. 

The  fact  that  so  large  an  issue  can  thus  be  supported,  while  at  the 
same  time  the  States  are  increasing  the  circulation  by  their  issues  of 
treasury  notes,  seems  to  prove  that  the  treasury  notes  of  this  govern 
ment  perform  some  function  which  was  not  foreseen;  and  that  function 
is  probably  their  agency  in  supplying  domestic  exchange  for  the  Con 
federacy.  So  long  as  the  public  confidence  can  be  preserved,  this  effect 
would  attend  a  currency  receivable  at  all  points  at  par.  And  while  it 
affords  a  larger  field  of  circulation,  it  admonishes  us  to  use  the  utmost 
caution,  lest  the  credit  of  the  government  should  be  impaired.  Under 
existing  circumstances,  it  seems  to  me  that  Congress  might  venture  to 
authorize  an  issue  of  fifty  millions  more,  if  they  will  provide  means  for 
absorbing  redundancy  similar  to  those  already  provided  for  existing 
issues.  This  will  raise  the  issue  to  two  hundred  millions,  an  amount  at 
which  we  should  pause  in  this  direction,  until  we  can  see  the  effects 
upon  the  country. 

3.  A  large  balance  of  supplies  remains  to  be  provided,  and  this  must 
be  procured  from  the  third  resource,  namely:  Loans  by  means  of 
funded  debt.  There  is  no  limit  to  this  resource  short  of  the  ability  of 
the  nation  to  pay.  And  the  just  measure  of  this  ability  is  the  amount 
which  it  can  raise  by  taxes  or  revenues  to  refund  such  loans.  So  long 
as  the  interest  of  a  debt  can  be  secured  with  certainty,  together  with 
go  much  of  the  principal  as  will  discharge  the  debt  in  a  reasonable 


436       REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

time,  that  debt  may  be  made  available.  The  first  step  then  to  be  taken 
by  the  government  towards  enlarging  its  loans,  is  to  enlarge  the  means 
of  repaying  them;  in  other  words,  the  taxes  must  be  increased. 

The  war  tax  has  already  put  in  motion  all  the  machinery  requisite 
for  levying  a  tax.  It  has  selected  those  articles  which  can  best  bear  the 
burden,  and  it  levies  on  their  value  the  very  moderate  rate  of  one-half 
of  one  per  cent.  The  simplest  of  all  plans,  therefore,  would  be  an  in 
crease  of  this  tax  to  a  sufficient  amount  to  pay  the  loan  required  upon 
the  principles  already  adopted. 

The  permanent  constitution  requires  that  this  plan  be  modified.  It 
differs  from  the  constitution  for  the  Provisional  government,  in  re-en 
acting  the  clause  which  provided  for  an  apportionment  of  direct  taxes 
among  the  States.  The  arrangement  of  the  tax  is  thus  made  more  com 
plex.  But  as  soon  as  Congress  shall  declare  the  aggregate  amount  to 
be  raised,  the  assessments  already  made  may  be  assumed  as  a  basis  for 
its  distribution,  and  will  materially  aid  the  further  details. 

A  sufficient  tax  will  secure  the  lenders.  But  the  enquiry  naturally 
arises,  where  are  these  lenders  to  be  found  ?  Our  people  have  property 
in  abundance,  but  they  have  no  surplus  capital  in  money.  Our  plans 
must  be  modified  to  meet  this  difficulty.  We  must  accept  products  in 
exchange  for  the  bonds  wherever  they  can  be  made  available  for  the 
wants  of  the  government.  The  farmer  has  supplies  for  the  army; 
the  manufacturer  has  clothing  or  other  commodities ;  the  railroad  com 
pany  has  transportation ;  the  miner  has  coal  and  iron ;  all  of  which  the 
government  needs.  If  these  supplies  can  be  obtained  in  exchange  for 
Confederate  bonds,  a  loan  in  kind  is  effected  on  credit,  to  the  satisfac 
tion  of  both  parties.  An  exchange  of  treasury  notes  for  the  same  arti 
cle  is  a  purchase  for  cash,  inasmuch  as  treasury  notes  are  now  money 
like  bank  notes.  The  issue  of  such  notes  must,  of  necessity,  have  nar 
rower  limits  than  the  issue  of  bonds;  and,  like  all  cash  assets,  they  are 
more  readily  exhausted.  The  whole  amount  of  treasury  notes  which 
the  government  can  put  in  circulation  will  be  required  for  the  pay  of 
the  army,  for  the  wages  of  mechanics,  and  for  other  expenditures,  which 
cannot  be  paid  with  bonds.  To  use  them,  therefore,  for  other  purposes 
is  to  leave  these  necessary  items  unpaid  and  thereby  to  discredit  the 
government. 

There  is  also  another  method  to  be  considered,  in  which  the  bonds  of 
the  government  may  be  made  available.  Large  sums  must  be  paid 
abroad  for  purchases  of  arms,  munitions  of  war,  and  army  and  navy  sup 
plies.  The  cotton  and  tobacco  crops  have  usually  furnished  the  means 
of  making  foreign  payments,  and  they  can  probably  now  be  used  with 
advantage  for  the  same  purpose.  The  holders  of  cotton  have  already,  to 
a  large  amount,  agreed  to  accept  bonds  for  the  sales  of  their  cotton.  They 
may  be  induced  to  close  their  subscriptions  at  once  by  delivering  to  the 


APPENDIX.  437 

government  in  kind,  at  the  market  or  some  equitable  rate,  the  produce 
which  they  have  subscribed.  If  arrangements  can  be  made  by  which 
this  produce  may  be  used  by  the  government,  either  as  a  remittance  or 
as  a  means  of  making  remittances  for  the  purchases  required,  it  would 
enable  the  government  to  make  available,  as  cash,  a  large  amount  of  its 
bonds.  The  extent  to  which  this  operation  could  be  carried  can  only  be 
determined  by  actual  experiment.  It  certainly  would  not  exceed  the 
amount  of  the  produce  loan.  There  would  be  considerable  difficulty  in 
the  administration  of  the  details,  and  a  large  confidence  must  be  reposed 
in  the  agents.  But  if  Congress  should  see  fit  to  attempt  the  experiment 
due  efforts  will  be  made  to  carry  it  into  execution. 

These  various  considerations  may  be  reduced  into  form  in  the  follow 
ing  suggestions: 

1.  That  authority  be  given  to  increase  the  issue  of  treasury  notes  to 
fifty  millions  more. 

2.  That  the  Secretary  of  the  Treasury  be  authorized  to  keep  a  reserve 
of  treasury  notes  not  exceeding  ten  millions,  and  that  he  be  authorized 
to  issue  the  same  to  holders  of  deposit  certificates  upon  any  sudden  and 
unexpected  call — the  issue  to  be  reduced  within  the  reserve  fund  as  soon 
as  possible. 

3.  That  an  additional  issue  of  bonds  or  stock  to  the  amount  of  $164,004,- 
427.10  be  authorized  upon  the  plan  already  adopted. 

4.  That  subscriptions  in  kind  be  taken  for  this  loan  of  all  articles  re 
quired  by  the  government  to  be  exchanged  for  the  said  bonds. 

5.  That  cotton  and  tobacco,  and  other  agricultural  products  subscribed 
to  the  produce  loan,  may  be  accepted  at  a  valuation  in  exchange  for  the 
bonds  to  such  extent  and  under  such  regulations  as  may  be  determined 
by  Congress — the  Secretary  of  the  Treasury  to  have  authority  to  ship,  or 
Bell,  or  procure  advances  upon  such  produce  for  the  use  of  the  govern 
ment. 

6.  That  Congress  impose  an  additional  war  tax  for  such  amount  as  will 
sustain  the  additional  loan  which  they  may  authorize,  and  that  the  said 
tax  be  collected  at  as  early  a  day  in  the  present  year  as  may  be  practi 
cable. 

7.  And,  finally,  to  provide  the  machinery  required  for  these  plans,  let 
the  Secretary  of  the  Treasury  be  authorized  to  employ  such  agents  as 
may  be  necessary  to  carry  out  these  plans,  and  direct  the  employment 
of  such  additional  clerks  by  the  assistant  treasurers,  and  in  the  Treasury 
Department,  as  may  become  necessary. 

The  various  schedules  and  estimates  to  which  reference  is  made  in  the 
above  report  are  herewith  submitted  in  detail  for  the  information  of 
Congress. 

All  of  which  is  respectfully  submitted  by  your  obedient  servant, 

C.  G.  MEMMINGER, 

Secretary  of  Treasury. 


438     REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 
CONDITION  OF  TREASURY  JANUARY,  1863. 


TKEASURY  DEPARTMENT,  C.  S.  A. 
RICHMOND,  January  10,  1863. 

Hon.  T.  S.  Bocock,  Speaker  House  of  Representatives,  C.  S.  A.: 

SIR, — I  have  the  honor  to  submit  the  following  report  of  the  condi 
tion  of  this  Department : 

The  statements  for  the  last  year  were  made  up  to  the  18th  of  Febru 
ary,  1862,  the  termination  of  the  Provisional  government.  From  the 
commencement  of  the  Permanent  government  to  the  31st  of  December, 
1862,  the  receipts  and  expenditures  were  as  follows : 

RECEIPTS. 

Patent  fund $          13,920  00 

Customs 668,566  00 

Miscellaneous 2,291,812  00 

Repayment  of  disbursing  officers 3,839,268  00 

Interest  on  loans 26,583  00 

Call-loan  certificates 59,742,796  00 

One  hundred  million  loan 41,398,286  00 

Treasury  notes 215,554,885  00 

Interest-bearing  notes 113,740,000  00 

War  tax 16,664,513  00 

Loan  28th  February,  1861 1,375,276  00 

Coin  received  from  Bank  of  Louisiana 2,539,799  00 


$457,855,704  00 

EXPENDITURES. 

War  Department , $341,011,754  00 

Navy  Department 20,559,283  00 

Civil,  miscellaneous,  foreign  intercourse  and  customs  .    .      13,673,376  00 

Interest  on  public  debt,  (loans) $  5,892,989 

Payment    of    treasury    notes,    act    9th 

March,  1861— principal $545,900 

Interest 20,860 

566,761 

Redemption  of  6  per  cent,  certificates 11,516,400 

liedemption  of  treasury  notes  called  in  for  can 
cellation    and  reimbursement    of    principal, 

under  act  of  May  16, 1861 23,751,172 

41,727,322  00 

$416,971,735  00 
Add  balance  against  Treasury  on  Feb.  18, 1862  .  26,439,572  00 

$443,411,307  00 


APPENDIX.  439 

Amount  of  receipts $457,855,704  00 

Deduct  amount  of  expenditures 443,411,307  00 

Balance $  14,444,397  00 

This  balance  consists  in  part  of  the  coin  on  hand,  received  from  the 
Bank  of  Louisiana,  and  the  remainder  in  interest-bearing  treasury  notes. 

The   appropriations   made  by  Congress   and  not  yet  drawn  from  the 
Treasury  are  as  follows : 

Civil  and  miscellaneous $10,925,049  00 

War  Department 57,865,879  00 

Customs 396,612  00 

Navy  Department 12,692,373  00 

Amount $81,879,913  00 

The  estimates  for  the  support  of  the  government  to  first  July,  the 
end  of  the  fiscal  year,  are  as  follows : 

Legislative 231,600  00 

Executive  (salary  of  President,  etc.) 13,47100 

Treasury  Department 29,929,697  00 

War                    "            242,977,067  00 

Navy                                16,948,870  00 

State                  "            150,253  00 

Department  of  Justice 172,632  00 

Postoffice  Department 60,123  00 

Miscellaneous 10,000  00 


$290,493,713  00 

In  order  to  ascertain  the  amount  to  be  raised  by  Congress,  we  must 
add: 

1.  The  estimates $290,493,713 

2.  Undrawn  appropriations 81,879,913 

$372,373,626  00 

And  deduct  the  balance  in  the  Treasury  of 14,444,397  00 

Leaving  amount  to  be  raised $357,929,229  00 

The  debt  of  the  government  at  the  same  date  was  as  follows : 
BONDS  AND  STOCK. 

Under  act  of  February  28, 1861 $14,987,000 

"        "         May  16,  "...,,....      6,414,300 

August  19,        "      67,585,100 

Deposit  certificates  under  act  of  De 
cember  24, 1861— issued $69,005,370 

Redeemed 12,516,400 

56,488,970 

$145,475,370  00 


440      REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

TREASURY  NOTES. 

3-65  notes $        992,000 

2-year  notes  .  , 10,919,025 

General  currency 272,022,467 

7-30  notes 120,480,000 

$1  and  $2  notes 6,216,200 

410,629,692  00 


$556,105,062  00 

In  the  above  statement  is  contained  a  large  amount  of  bonds  and  in 
terest-bearing  notes,  which  are  on  hand  in  the  various  depositories  not 
yet  issued.  It  is  important  to  bear  this  in  mind  in  estimating  the 
effect  of  the  act  of  the  last  session  upon  funding  treasury  notes.  The 
loans  in  which  such  notes  are  funded  are  those  mentioned  in  the  sched 
ule  as  loans  of  May  16th  and  August  19th.  The  amount  of  those  loans 
as  reported  at  the  last  meeting  of  Congress  was  on  the  1st  of  August, 
$41,577,250. 
By  the  statement  now  reported,  the  total  amount  of  these 

bonds  is $73,999,400  00 

From  which  should  be  deducted  amount  on  hand  not  yet 

disposed  of,  say 8,000,000  00 

$65,999,400  00 

And  in  order  to  ascertain  the  amount  of  treasury  notes 
funded,  there  must  be  deducted  for  the  bonds  issued  for 
produce,  say ". 7,000,000  00 

$58,999,400  00 
Deduct  amount  reported  1st  August .    41,577,250  00 

Balance $17,422,150  00 

This  balance  shows  the  amount  of    treasury   notes  funded   in   five 
months,  the  average  being  about  3)£  millions  per  month. 
During  the  same  period    the  interest-bearing  treasury 

notes  have  increased  from $  22,799,900  00 

To 120,480,000  00 

Increase $  97,680,100  00 

From  which  deduct  notes  on  hand 11,004,600  00 


Real  increase $  85,775,500  00 

This  large  increase  of  interest-bearing  notes  affords  satisfactory  evi 
dence  that  the  issue  of  them  was  a  judicious  measure ;  and  for  any  ordi 
nary  war,  the  bonds  and  interest  notes,  amounting  together  to  a 
monthly  sale  of  twenty  and  a  half  millions,  would  have  sustained  the 


APPENDIX.  441 

government  without  any  resort  to  paper  currency.  But  the  estimates 
call  for  more  than  twice  the  amounts  furnished  by  these  resources ;  and 
we  are  compelled  to  resort  to  the  treasury  notes  to  supply  the  de 
ficiency.  It  becomes,  then,  a  most  important  inquiry  whether  the  issue 
of  such  notes  can  be  continued,  and,  if  it  can,  then  to  what  extent? 

In  a  former  report  it  was  shown  that  the  circulation  of  the  Confeder 
ate  States  before  the  war  might  be  estimated  at  one  hundred  millions 
of  dollars.  In  the  existing  state  of  things,  it  is  probable  that  a  larger 
amount  of  currency  is  required.  In  time  of  peace,  money  passes  rap 
idly  from  hand  to  hand,  and  the  same  money,  in  a  single  day,  will  dis 
charge  many  obligations.  A  large  portion,  too,  of  the  operations  of 
business  are  performed  by  bills  of  exchange  and  bank  checks.  In  the 
present  stagnation  of  commerce  and  intercourse,  larger  amounts  of 
ready  money  are  kept  on  hand  by  each  individual,  and  the  Confederate 
treasury  notes  and  call  certificates  are- used  as  a  substitute  for  bills  and 
drafts  to  a  considerable  extent.  If  this  view  be  just,  we  may  venture  to 
add  as  much  as  fifty  per  cent,  to  the  usual  amount  of  currency,  and  this 
would  raise  the  sum  total  at  which  it  might  stand,  to  one  hundred  and 
fifty  millions.  The  difference  between  this  sum  and  the  actual  circula 
tion  will  show  the  redundancy.  The  actual  circulation  embraces  not 
only  treasury  notes,  but  bank  notes  and  State  emissions  of  treasury 
notes.  In  ordinary  times,  coin  would  also  form  a  part;  but  at  present, 
not  only  the  coin  but  a  large  portion  of  the  bank  notes  have  been  with 
drawn  from  circulation. 

The  issue  of  treasury  notes  on  the  last  day  of  December  amounted 
to  $290,149,692,  exclusive  of  interest-bearing  notes.  By  adding  to  this 
sum  a  sufficient  amount  to  cover  the  State  treasury  notes  and  the  bank 
notes  in  circulation,  we  can  arrive  at  the  sum  total  of  the  currency. 
Twenty  millions  added  to  the  treasury  notes  would  probably  represent 
the  whole. 

It  is  this  aggregate  wThich  must  be  kept  in  view  wrhen  we  deal  with 
the  currency  as  a  measure  of  values.  It  is  the  whole  mass  as  it  is  ac 
cepted  by  the  community  in  exchange  for  its  various  commodities, 
which,  by  its  proportional  relation  to  those  commodities,  determines 
their  prices.  By  a  law  as  invariable  as  any  law  of  physical  nature,  these 
prices  rise  or  fall  with  the  actual  volume  of  the  whole  currency.  Nei 
ther  skill  nor  power  can  vary  the  result.  It  is,  in  fact,  a  relation  subsist 
ing  between  two  numbers,  the  one  representing  the  total  values  of  prop 
erty,  and  the  other  the  total  circulating  medium.  The  nature  of  that 
medium  cannot  change  it.  It  would  exist  with  a  currency  of  gold  with 
as  much  certainty  as  with  one  of  paper,  if  the  gold  were  kept  within  the 
country  by  restraints  equal  to  those  which  retain  the  paper. 

Assuming,  then,  that  entire  confidence  exists  in  our  currency,  the  mere 
fact  that  its  actual  volume  has  been  increased  threefold  would  lead  us  to 
expect  a  corresponding  increase  in  prices.  Such  increase,  although  eventu- 


442       REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

ally  certain,  does  not  usually  appear  at  the  same  moment  with  the  expan 
sion.  Like  the  moon's  attraction  upon  the  ocean,  the  time  of  high  water 
is  postponed  for  a  certain  period  beyond  the  moment  at  which  the  influ 
ence  has  been  exerted  and  the  length  of  the  interval  is  affected  by  ex 
ceptional  causes.  But  although  there  may  be  delay,  the  event  is  certain. 
Prices  will  reach  the  height  adjusted  by  the  scale  of  issues,  and  they  can 
only  be  restored  to  their  usual  condition  by  a  return  to  the  normal  stand 
ard  of  currency.  In  other  words,  the  only  remedy  for  an  inflated  cur 
rency  is  a  reduction  of  the  circulating  medium.  Is  this  reduction 
practicable  ? 

Before  answering  this  question  it  is  important  that  we  should  be  fully 
assured  of  the  excessive  issue  of  paper  currency.  If  the  country  were 
open  to  foreign  intercourse,  the  difference  in  value  between  coin  and 
paper  money  would  at  once  afford  a  test.  But  in  the  present  condition 
of  trade,  coin  cannot  be  imported,  and  gold  and  silver  have  become  arti 
cles  of  commerce  like  iron  and  lead.  They  cannot,  therefore,  take  their 
usual  place  as  absolute  measures  of  value. 

Difficulties,  somewhat  of  the  same  kind,  attend  other  tests,  such  as 
bills  of  exchange,  real  estate  or  commodities  in  general  use,  and  of  which 
there  is  no  scarcity.  Ordinarily,  the  average  price  of  wheat,  grain  and 
other  like  articles  of  prime  necessity  would  furnish  a  guide.  But  the 
want  of  transportation  causes  a  fluctuation  of  demand  and  supply  from 
day  to  day  and  thus  deranges  prices.  Making  all  due  allowances  for 
fluctuation  we  find  that  the  present  prices  of  such  articles  range  at 
nearly  three  times  the  usual  peace  prices.  Notwithstanding  the  inter 
ruption  of  commerce,  we  find,  also,  that  the  foreign  exchanges,  and  even 
coin,  stand  at  nearly  the  same  rate.  Eeasons  of  a  different  character, 
but  of  equal  force,  apply  to  real  estate  and  prevent  its  price  from  being 
"a  proper  guide.  The  general  increase,  however,  in  its  nominal  value  con- 
'firms  the  conclusions  deduced  from  the  other  tests.  These  facts  unite  in 
establishing  beyond  doubt  both  the  actual  redundancy  of  the  currency 
and  its  probable  rate  of  excess. 

The  remedy  which  is  required,  in  order  to  be  effective,  must,  therefore, 
withdraw  two-thirds  of  the  entire  volume  of  the  currency. 

The  measures  already  adopted  by  Congress  were  intended  to  act' in 
this  direction.  The  treasury  notes  were  all  made  fundable  originally  in 
eight  per  cent,  securities,  and  it  was  supposed  that  the  holders  of  notes 
would  prefer  investing  them  in  bonds,  rather  than  hold  them  when  de 
preciated.  To  stimulate  investments  the  holders  have  been  notified  by 
the  act  of  last  session,  that,  after  the  22d  April,  they  can  no  longer  invest 
in  eight  per  cent,  securities.  These  measures,  although  judicious  and 
well-timed,  are  overpowered  by  the  necessity  which  compels  the  govern 
ment  to  increase  its  issues.  Notwithstanding  the  large  and  daily  invest 
ments  in  bonds,  the  currency  continues  rapidly  to  grow  in  quantity.  This 
increase  causes  a  daily  advance  in  prices,  and  the  necessities  of  the  gov- 


APPENDIX.  443 

eminent  compel  it  to  purchase  at  these  prices.  The  payment  of  en 
hanced  prices  again  compels  a  further  increase  in  the  issues,  and  an  as 
cending  series  of  action  and  re-action  is  thus  established  between  prices 
and  issues,  which,  if  not  arrested,  must  result  in  consequences  disastrous 
to  the  best  interests  of  the  country. 

These  effects  are  hastened  by  the  injurious  operations  of  the  excess  of 
currency  upon  the  bonds  of  the  government.  These  bonds  are  offered  as 
absorbents  of  the  treasury  notes,  and  the  high  rate  of  interest  which 
they  bear  is  the  inducement  to  take  them.  In  our  present  circumstances 
this  interest  must  be  paid  in  treasury  notes.  By  depreciating  these 
notes  the  interest  suffers  equal  depreciation ;  and  an  eight  per  cent, 
bond  becomes,  in  effect,  a  four  or  three  per  cent.,  according  to  the  scale 
of  issues  of  treasury  notes.  The  inducements  to  take  the  bonds  is  thus 
destroyed,  and  the  bonds  themselves  cease  to  afford  relief  to  the  cur 
rency.  They  offer  still  less  inducement  to  any  foreign  purchaser,  because 
he  is  informed  by  the  rate  of  exchange  that  his  interest  will  be  paid  in 
a  currency  which  must  be  exchanged  for  his  own  at  the  rate  of  three 
dollars  for  one.  It  is  plain,  therefore,  that  the  change  required  is  a 
prompt  reduction  of  the  currency  to  its  normal  condition.  The  question 
recurs,  is  this  practicable  ? 

At  the  last  session  of  Congress  an  effort  was  made  to  attain  this  result 
by  the  proposal  for  a  loan  of  one-fifth  of  all  gross  income,  to  be  paid  in 
treasury  notes  in  exchange  for  bonds.  The  adoption  of  this  measure 
would  have  retired  a  large  amount  of  treasury  notes  at  an  early  period, 
and  would  thus  have  checked  the  advance  of  prices.  It  is  the  misfor 
tune  of  every  such  failure  that  it  leaves  the  evils  increasing  at  a  double 
ratio ;  and  subsequent  remedies  must  be  so  much  the  more  stringent. 
All  the  causes  of  excess  continue  in  full  operation. 

Prices  increase;  the  government  is  c&mpelled  to  purchase,  and  the 
purchase  must  be  paid  by  new  issues.  Each  new  operation  aggravates 
the  disease,  and  hesitation  or  delay  is  ruinous. 

The  conditions,  then,  which  any  sufficient  remedy  must  fulfil,  are  first 
prompt,  and  secondly,  effective  reduction.  To  be  effective,  the  currency 
must  be  reduced  at  least  to  the  one  hundred  and  fifty  millions  already 
shown  to  be  its  extreme  limit ;  and  this  reduction  must  be  so  prompt  as 
to  take  effect  before  prices  can  undergo  further  increase. 

To  meet  these  conditions,  I  would  respectfully  propose  that  after  the 
lapse  of  a  reasonable  time,  the  issues  of  treasury  notes  bearing  date 
prior  to  the  1st  December,  1862,  shall  cease  to  be  currency.  This  can  be 
done  with  the  least  possible  injury  by  following  up  the  action  of  Congress 
at  the  last  session,  and  fixing  a  period  of  limitation  for  funding  these 
notes. 

As  the  law  now  stands,  these  notes  are  receivable  for  government  dues ; 
and  the  holder  is  entitled  to  fund  them  in  eight  per  cent,  securities,  until 
the  22d  April  next,  after  which  date  he  can  fund  in  ?even  per  cent.  I 


444       REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

propose  simply  to  fix  a  period  of  limitation  for  the  exercise  of  this  last 
mentioned  privilege,  by  enacting,  that  after  the  1st  July  next  the  privi 
lege  of  funding  these  notes  shall  cease.  Six  months  have  already  been 
allowed  for  investment  in  eight  per  cent,  securities,  according  to  the 
contract  on  the  face  of  the  note.  Two  months  more  will  be  allowed  for 
investment  in  seven  per  cent.,  and  if,  after  so  long  a  notice,  the  holders  do 
not  choose  to  avail  themselves  of  their  privilege,  the  good  faith  of  the 
government  will  stand  clear  of  imputation. 

But  it  is  essential  to  good  faith  that  ample  means  should  be  provided 
by  the  government,  to  secure  and  pay  the  principal  and  interest  of  the 
securities  in  which  the  holders  are  required  to  invest.  This  can  only  be 
effected  by  an  ample  and  permanent  tax.  Such  a  tax  is  the  corner-stone 
of  the  whole  fabric.  Without  it,  the  scheme  has  no  foundation,  and  can 
secure  neither  public  confidence  nor  success.  The  proper  extent  of  this 
tax  will  hereafter  be  considered.  It  is  sufficient  for  the  present  to  affirm 
that  it  must,  at  least,  pay  the  interest  on  the  entire  public  debt. 

To  give  completeness  to  the  plan,  it  would  seem  proper  to  provide 
measures  for  any  future  redundancy.  We  are  happily  relieved  from  this 
necessity  by  the  patriotic  proposal  of  several  of  the  States  to  guarantee 
the  whole,  or  a  large  portion  of  the  war  debt  of  this  government.  If  all 
the  States  can  be  induced,  promptly  to  adopt  this  measure,  means  will 
thereby  be  furnished  to  absorb  any  excess  of  the  new  issues  over  the 
proper  amount  of  currency.  The  guaranty  of  the  States  will  enable*  this 
government  to  reduce  the  interest  of  its  bonds  to  six  per  cent.,  and  if  the 
States  can  be  prevailed  upon  to  extend  the  guaranty  so  as  to  cover  the 
whole  war  debt,  or  at  least  four  or  five  hundred  millions  thereof,  the  sav 
ing  in  interest  will  be  so  great  as  to  enable  the  government,  in  due  time, 
to  extinguish  the  whole  principal  of  its  debt.  Upon  a  debt  of  five  hun 
dred  millions,  this  saving  will  be  just  ten  millions.  The  ability  to  apply 
this  amount  to  the  principal,  instead  of  the  interest,  affords  such  obvious 
advantages,  as  to  ensure  the  favorable  consideration  both  of  Congress 
and  of  the  States. 

An  analysis  of  the  scheme  proposed  will  reduce  it  to  three  essential 
features : 

1.  A  limitation  of  the  privilege  of  funding  the  notes  issued,  prior  to  1st 
December. 

2.  A  war  tax. 

3.  A  guaranty  by  the  States. 

I.  In  considering  the  first  of  these  features,  the  first  inquiry  which 
suggests  itself  is,  what  will  be  the  effect  of  this  limitation  ?  Will  it 
arrest  the  circulation  of  the  notes  and  lessen  the  volume  of  currency  ? 

Its  first  effect  will  certainly  be  to  add  another  stimulant  to  investment 
in  bonds.  It  was  unfortunate  that  the  act  of  the  last  session  postponed 
the  change  of  interest  for  six  months.  The  delay  has  deprived  the 
remedy  of  much  of  its  efficacy,  and  good  faith  requires  that  at  least  sixty 


APPENDIX.  445 

days  should  be  allowed  for  its  operation.  Otherwise,  I  would  have  pro 
posed  to  limit  the  funding  privilege  to  1st  May,  instead  of  1st  July.  The 
effect  of  the  stimulant  is  thus  retarded.  Still  the  fact  that  there  is  a 
period  of  limitation  will  induce  holders  to  come  in  before  it  expires. 
Those  who  desire  to  secure  eight  per  cent,  securities  will  come  in  before 
the  22d  April,  or  hold  up  until  near  that  day,  the  notes  which  secure  that 
right,  and  all  who  can,  will  come  in  before  the  1st  July,  to  save  the  final 
exclusion.  It  is  probable,  therefore,  that  throughout  the  entire  period 
an  amount  will  be  wit  drawn  sufficient  to  check  any  rapid  advance  in 
the  total  amount  of  circulation. 

But  when  the  final  date  of  limitation  approaches,  the  notes  will  not 
pass  readily  from  hand  to  hand ;  and  the  result  will  be  that  they  are 
thrown  out  of  ordinary  circulation  and  relieve  the  currency  to  that  ex 
tent.  The  comparatively  small  amount  then  left  in  the  hands  of  indi 
viduals,  will  cease  to  have  a  purchasing  power.  They  will  pass  only  by 
special  contract,  and  their  chief  value  will  consist  in  their  being  receiv 
able  for  government  dues.  If,  at  this  point,  the  government  will  collect 
a  tax  sufficient  to  absorb  the  whole  remnant,  the  relief  afforded  to  the 
community  and  the  currency  will  be  made  complete. 

Hitherto  the  policy  of  the  government  has  sought  to  absorb  the  circu 
lation  by  inducements  alone.  Bonds  at  a  high  rate  of  interest  have  been 
offered ;  but  the  inducement  has  been  abated  by  the  depreciation  of  the 
currency  in  which  the  interest  is  paid.  It  is  proposed  now  to  supply  the 
deficiency  by  a  small  portion  of  constraint.  We  see  on  every  side  of  us 
indications  of  the  abundance  of  money.  Large  sums  are  everywhere 
held  on  deposits ;  but  the  holders  propose  for  themselves  more  profitable 
investment  securities.  The  ability  to  keep  unemployed  these  sums,  and 
to  hold  them  for  an  indefinite  time,  proves  that  no  serious  damage  will 
be  suffered  by  requiring  their  conversion  into  bonds.  The  large  amount 
of  money  which  is  shown  by  the  war  tax  returns,  to  be  invested  at  interest 
in  private  hands,  confirms  the  belief  that  there  is  no  want  of  capital  among 
our  people.  It  does  not  seem  to  be  a  rash  conclusion,  therefore,  that  at 
least  three-fourths  of  the  currency  outstanding  on  1st  December,  may 
be  funded  without  substantial  damage  to  private  interests.  If  the  re 
maining  fourth  could  be  absorbed  by  a  tax,  the  solution  of  the  problem 
would  then  be  complete.  The  people  are  fully  prepared  for  the  payment 
of  a  high  tax.  It  may  not  be  practicable  to  place  it  at  so  high  a  rate  aS 
to  absorb  one-fourth  of  the  entire  currency  to  be  called  in,  but  it  may 
approach  so  nearly  as  to  leave  unabsorbed  only  that  portion  which  will 
remain  outstanding,  in  spite  of  all  efforts  to  call  it  in. 

I  will  not  venture  to  assert  that  grave  objections  may  not  be  made  to 
this  scheme.  Such  objections  will  be  found  in  the  way  of  every  plan. 
They  are  necessary  results  of  the  proportions  of  the  war  which  is  waged 
against  us,  and  of  the  enormous  sums  of  money  required  to  carry  it  on. 
But  it  appears  to  me  that  upon  due  examination,  these  objections,  if  not 


446       REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

entirely  obviated,  will  be  found  to  be  counterbalanced  by  equivalent 
advantages. 

The  first  and  modi  obvious  objection  to  the  scheme  is  that  it  is  an 
infringement  of  the  contract.  The  notes  have  been  accepted  upon  the 
promise  of  the  government  that  they  may  be  invested  in  interest-bear 
ing  public  securities,  and  that  promise  is  not  fulfilled  after  the  1st  July 
next. 

It  might  be  answered  that  Congress  has  already  settled  this  principle 
by  the  act  of  last  session,  which  reduced  the  interest  from  eight  to  seven 
per  cent.  A  still  better  answer  will  be  found  in  the  reasons  which  led  to 
that  act,  and  which  makes  necessary  the  one  now  proposed.  A  limitation 
of  time  for  the  performance  of  contracts  has  never  been  considered  an 
infringement  where  sufficient  opportunity  is  given  to  claim  performance. 
Justice  is  satisfied  by  giving  to  the  party  full  opportunity  to  receive  the 
benefit  of  his  contract.  Upon  this  principle  rests  every  change  in  stat 
utes  of  limitation.  Examples  of  the  same  principle  are  afforded  in  pri 
vate  matters  by  the  laws  of  partnership  and  for  the  administration  of 
assets.  In  public  matters  the  history  of  every  nation  affords  like  prece 
dents,  which  will  probably  find  support  in  the  laws  of  every  State  in  our 
Confederacy. 

The  modification  of  the  contract  is  substantially  for  the  benefit  of  both 
parties.  The  object  in  view  is  to  increase  the  value  of  the  whole  remain 
ing  currency.  This  object  it  effects  by  increasing  the  purchasing  power 
of  each  note  in  proportion  to  the  reduction  of  the  whole.  Assuming  this 
reduction  to  be  two-thirds,  it  follows  that  every  holder  of  only  one-third, 
in  proportion  of  the  new  issues,  will  have  the  same  value  in  money  left 
after  he  shall  have  invested  the  other  two-thirds  in  bonds.  In  other 
words,  he  will  make  a  clear  gain  of  those  two-thirds.  If  he  shall  have  in 
his  possession  none  of  the  new  issues,  he  will,  nevertheless,  gain  in  the 
reduced  price  of  every  article  of  consumption. 

2.  Next  it  will  be  objected  that  after  the  lapse  of  the  period  of  limita- 
tation  the  value  of  the  note  as  money  is  taken  away.    It  is  true  that  the 
note  will  lose  its  function  as  money,  but  its  intrinsic  value  is  unimpaired. 

•  It  is  still  receivable  for  public  dues,  and  it  still  has  the  faith  and  property 
of  the  Confederate  States  pledged  for  its  payment.  It  will  even  have  a 
modified  circulation.  A  great  public  exigency  has  arisen  which  compels 
a  change,  and  all  that  the  government  can  do  is  to  make  the  change  with 
as  little  injury  to  private  rights  as  possible.  This  it  endeavors  to  do  by 
avoiding  any  direct  interference  with  the  contract,  and  by  giving  to  the 
holder  ample  opportunity  to  reap  all  its  advantages.  The  time  for  the 
enjoyment  of  these  advantages  was  no  part  of  the  contract,  and  every 
holder  was  bound  to  know  that  such  an  incident  has  always  been  consid 
ered  within  the  control  of  the  law-making  power. 

3.  It  will  be  urged  that  the  calling  in  the  circulation  as  proposed  will 
Cause  too  large  and  sudden  a  contraction.    An  examination  of  the  proba- 


APPENDIX.  447 

ble  state  of  the  currency  at  the  date  of  limitation  will  show  this  objec 
tion  to  be  unsound.  The  new  circulation  to  be  issued  after  the  l&t  De 
cember  will  on  1st  July  probably  be  upwards  of  two  hundred  millions. 
It  will  be  issued  gradually,  and  will  fill  up  the  channels  left  by  the  fund 
ing  of  the  old  issues,  and,  so  far  from  producing  contraction,  the  new 
issues  will  probably  be  in  excess  at  too  early  a  date.  The  danger  at  all 
times  to  this  kind  of  currency  is  in  that  direction. 

4.  A  fourth  objection  will  be  found  in  the  probable  effect  on  the  price 
of  bonds.  The  large  amount  of  currency  turned  into  bonds  will  cause 
the  supply  to  outrun  the  demand,  and  the  usual  consequences  of  such  a 
condition  of  the  market  will  follow.  It  cannot  be  denied  that  the  price 
of  bonds  will  probably  fall.  But  this  fall  will  in  truth  be  merely  nomi 
nal,  and  will  find  a  fall  compensation  in  the  increased  value  of  the  cur 
rency  for  which  they  are  sold,  ^ind  in  which  the  interest  will  be  paid. 
Those  classes  of  the  community  which  sell  bonds  from  necessity  or  for 
the  means  of  living  will  probably  gain  more  in  the  reduced  market  prices 
of  the  articles  which  they  purchase  than  they  will  lose  in  the  reduced 
market  value  of  the  bonds  which  they  sell.  Those  who  hold  the  bonds 
on  speculation  \vould  gain  or  lose  according  to  their  ability  to  hold  them, 
while  all  those  who  have  taken  them  as  investment  will  escape  injury  by 
simply  holding  them  according  to  their  original  purpose.  The  contrac 
tion  of  the  currency  will  increase  the  value  of  the  interest  paid  them 
during  the  war ;  and  at  the  end  of  it  they  will  have  a  security  which  will 
command  a  price  which  will  amply  repay  their  confidence. 

The  most  conclusive  answer,  however,  to  this  objection  is  to  be  found 
in  the  fact  that  whatever  may  be  the  amount  of  depreciation  on  tho 
bonds,  it  cannot  exceed  the  depreciation  in  the  value  of  the  curv 
rency.  If  the  government  must  issue  an  obligation  in  the  shape  ot 
currency  to  pay  twenty-one  dollars  for  a  barrel  of  flour,  which  in  a 
normal  condition  of  the  currency  could  be  purchased  with  seven,  it 
is  actually  selling  its  paper  at  one-third  of  its  face.  At  the  same  time, by 
excessive  issues,  it  is  disturbing  all  other  values,  and  all  the  commercial 
relations  of  society.  The  depreciation  in  the  bonds  could  never  reach 
this  high  rate ;  neither  would  it  affect  the  prices  of  commodities  or  com 
mercial  relations.  If,  then,  we  are  reduced  to  a  choice  between  evils,  the 
reduced  value  in  the  bonds  is  manifestly  the  less. 

II.  We  come  now  to  the  consideration  of  the  next  great  feature  in  the 
scheme,  namely :  The  war  tax.  What  shall  be  the  subjects  of  that  tax, 
and  what  amount  shall  it  raise? 

The  subjects  upon  which  a  tax  may  be  levied  are  many,  and  the  expedi 
ency  of  each  involves  questions  which  it  is  not  proposed  at  present  to  dis 
cuss.  It  seems  to  me  that  a  tax  upon  property  and  income  is  so  much  to 
be  preferred  to  stamp  duties,  excises,  licenses,  and  other  like  taxes,  which 
call  for  a  machinery  vexatious  in  its  character  and  expensive  in  its  oper 
ation,  that  there  will  be  little  hesitation  on  the  part  of  Congress  in  its  ac- 


448       REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

ceptance.  The  direct  tax  heretofore  levied  has  set  in  operation  all  the 
machinery  necessary  to  levy  another ;  and  an  income  tax  could  be  col 
lected  by  the  same  means.  It  seems  to  me  that  both  these  forms  of  tax 
should  be  adopted.  To  lay  a  sufficient  tax  upon  property  alone  would  re 
quire  too  large  an.  increase  in  the  rate  of  last  year=  Such  an  increase 
would  operate  with  peculiar  hardship  upon  property  producing  no  in 
come.  On  the  other  hand,  a  tax  upon  income  is  so  easily  evaded,  that  of 
itself  it  would  furnish  an  insecure  resource.  It  is  proper,  however,  that 
incomes  should  be  taxed ;  otherwise  the  whole  profits  of  speculation  and 
trade,  together  with  those  resulting  from  skill  and  labor,  would  escape 
contribution.  I  propose,  therefore,  that  a.  tax  be  imposed  upon  property, 
and  upon  the  gross  amount  of  incomes  of  every  kind,  excepting  those  be 
low  some  minimum  to  be  adjusted  by  Congress. 

The  next  enquiry  is  as  to  the  rates  of  these  taxes,  to  adjust  which,  it 
must  first  be  ascertained  what  amount  ft  is  necessary  to  raise.  It  has  al 
ready  been  shown  that  up  to  the  first  July  next,  the  treasury  notes  in 

circulation  will  exceed $500,000,000  00 

Deduct  the  circulation  proposed  to  be  left,  say 150,000,000  00 

Eemaining  funded $350,000,000  00 

The  annual  interest  on  this  sum  at  8  per  cent.  is.  .....$  28,000,000  00 

To  this  must  be  added  the  interest  upon  about  120  millions 

of  7-30  notes £,760,000  00 

And  upon  60  millions  of  6  per  cent,  certificates 3,600,000  00 

Also  the  interest  upon  8  per  cent,  bonds  and  stock,  say 

about  100  millions 8,000,000  00 


$  48,360,000  00 

This  amount  shows  the  lowest  figures  which  should  be  raised  by  the 
tax.  The  soundest  considerations  of  policy  would  add  as  largely  to  this 
sum  as  the  people  of  our  country  can  bear.  If  the  tax  be  made  payable 
in  all  kinds  of  treasury  notes,  it  would  absorb  so  much  of  the  first  issues, 
and  by  reducing  the  amount  to  be  funded,  would  abate  the  force  of  the 
objections  to  the  scheme.  If  sixty  millions  of  notes  could  be  thus  called 
in,  the  benefits  resulting  would  fully  counter-balance  every  possible  hard 
ship.  The  currency  would  promptly  recover  its  value,  the  bonds  would 
become  an  object  of  investment,  instead  of  being  thrown  on  the  market, 
and  a  sure  and  steady  system  of  finance  would  be  established. 

A  tax  of  one  per  cent,  on  property,  if  it  could  be  made  as  productive  as 
last  year's,  would  raise  twice  the  amount  of  the  last  war  tax,  say  forty 
millions.  But  inasmuch  as  portions  of  the  States  are  in  the  hands  of  the 
enemy,  it  would  be  proper  to  make  a  deduction  of  probably  one-tenth, 
which  would  leave  the  amount  at  only  thirty-six  millions. 

This  sum  would  be  subject  to  still  further  abatement,  so  long  as  the  de 
cision  of  the  Confederate  Court  of  South  Carolina  as  to  the  power  of  Con- 


APPENDIX.  449 

gress  to  tax  State  bonds  remains  unreversed.  The  very  large  amount  of 
money  invested  in  this  form  was  included  in  the  war-tax  act  of  the  last 
year,  and  the  tax  thereon  was  paid  everywhere,  except  by  those  who 
raised  the  question  in  South  Carolina.  For  the  ensuing  year  the  case 
would  be  different.  If  the  same  tax  were  laid  by  Congress  it  is  probable 
that  the  holders  of  State  bonds  would  claim  exemption  under  this  decis 
ion,  and  Congress  itself  might  be  unwilling  to  re-enact  in  the  same  form, 
a  law  which  has  been  declared  unconstitutional  by  the  co-ordinate  branch 
of  the  government,  until  that  decision  is  reversed.  The  question  is  of 
such  magnitude  and  involves  such  great  interests,  that  an  appeal  was 
taken.  But  this  appeal  cannot  be  decided  until  a  Supreme  Court  shall  be 
organized.  It  may  be  worthy,  therefore,  of  the  consideration  of  Congress, 
whether  the  question  should  not  be  raised  in  another  form,  by  taxing  the 
income  of  the  bonds  in  the  hands  of  the  citizens.  The  taxing  power  over 
income  in  the  hands  of  the  citizens  for  consumption  may  be  distinguished 
from  that  over  State  bonds,  specifically  as  property.  In  my  view,  both 
are  constitutional,  and  the  public  interests  demand  that  every  proper  ef 
fort  should  be  made  to  ensure  consideration  of  the  question  in  all  its  as 
pects.  In  either  case,  however,  the  tax  would  probably  prove  unproduc 
tive,  until  the  question  shall  be  finally  decided.  It  is  necessary,  there 
fore,  to  estimate  for  an  abatement  on  the  tax  of  last  year.  Assuming  one 
hundred  millions  as  the  probable  amount  invested  in  State  securities,  a 
tax  of  one  per  cent,  would  amount  to  one  million  of  dollars,  and  so  much 
must,  therefore,  be  abated  from  the  estimate. 

In  estimating  the  rate  of  a  tax  on  incomes,  the  only  basis  to  which  I 
can  refer,  is  the  value  of  the  entire  property  in  the  eleven  Confederate 
States.  It  may  be  assumed  that  the  net  income  of  this  property  is  meas 
ured  by  the  average  rate  of  legal  interest  of  the  money  which  represents 
its  value.  If  the  tax  were  laid  upon  net  income,  and  that  income  were 
faithfully  returned,  it  could,  in  this  way,  be  estimated  with  some  degree 
of  accuracy.  But  the  devices  are  so  many  by  which  a  return  of  net  in 
come  can  be  evaded,  as  to  make  such  returns  unreliable.  A  resort  to 
gross  income  is,  therefore,  more  expedient.  The  difference  between  the 
two  must  be  at  least  25  per  cent.,  but,  under  existing  circumstances,  and 
for  the  purpose  of  an  estimate,  it  would  be  prudent  to  disregard  the  dif 
ference  and  assume  that  the  returns  of  gross  income  will  be  about  equal 
to  the  average  rate  of  legal  interest.  It  is  believed  that  even  the  pro 
ceeds  of  skill,  speculation  and  labor  which  may  be  returned  where  no  cap 
ital  is  involved,  will  not  materially  vary  the  result. 

The  estimate  formerly  made  to  Congress  of  the  value  of  all  the  prop 
erty  in  the  eleven  Confederate  States,  in  which  taxes  have  been  collected, 
was  4,632  millions.  If  we  leave  out  the  odd  numbers  in  these  figures,  on 
account  of  such  property  as  is  now  beyond  the  reach  of  taxation,  and  for 
other  contingencies,  we  have  in  round  numbers,  4,000  millions,  The  av- 
29 


450      REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

erage  of  interest  in  the  Confederate  States  maybe  set  down  at  seven  per 
cent.,  which  would  make  the  total  income  equal,  to  say,  280  millions.  A 
tax  of  ten  per  cent,  on  this  sum  would  produce,  in  the  gross,  about  28 
millions.  And  this  added  to  the  property  tax  of  35  millions,  would  raise 
a  sum  total  of  63  millions  of  dollars,  or  in  round  numbers,  60  millions 
after  deducting  expenses  and  contingencies. 

It  will  probably  be  insisted  that  there  is  no  occasion  for  the  imposition 
of  so  heavy  a  tax ;  and  many  will  contend  that  it  is  sufficient  that  the 
government  pay  the  interest  alone  of  the  public  debt.  I  ask  leave  most 
earnestly  to  dissent  from  this  doctrine,  and  to  urge  upon  Congress  a 
continuance  of  the  policy  already  adopted  by  this  government,  of  mak 
ing  portions  of  the  public  debt  payable  every  six  months  after  the  prob 
able  termination  of  the  war.  The  sinking  funds  devised  by  Mr.  Pitt  and 
the  great  statesmen  of  his  times,  have  proved  deficient,  not  in  principle, 
but  in  administration.  The  principle  upon  which  they  rest  is  the  annual 
raising  of  an  amount  beyond  the  interest  for  the  purposes  of  eventually 
discharging  the  principal.  The  punctual  investment  of  these  surplus 
sums  at  compound  interest  by  the  mere  operation  of  numbers,  would  be 
certain  to  discharge  the  debt  in  a  given  time.  The  failure  of  this  plan,  in 
its  effect  upon  the  public  debt  of  England,  arose  from  the  defects  in  its 
administration.  As  the  invested  fund  increased  in  amount,  it  offered 
constant  temptation  to  the  government  to  make  use  of  it,  and  the  party 
in  power  often  preferred  inventing  pretexts  to  seize  upon  it,  or  to  court 
public  favor  by  calling  off  unpopular  taxes  required  for  its  increase 
rather  than  continue  or  augment  those  taxes.  Besides,  the  neglect  to 
make  punctual  investments  as  the  interests  accrued,  had  a  constant  tend 
ency  to  reduce  compound  interest  to  simple  ;  and  thus  it  was  found  im 
possible,  in  a  long  course  of  years,  to  preserve  the  fund  inviolate,  or  to 
maintain  the  constant  supply  from  taxes,  wrhich  the  plan  demanded. 

These  defects  are  believed  to  be  remedied  by  the  plan  upon  which  the 
one  hundred  million  loan  of  this  government  has  been  issued.  It  resem 
bles  the  sinking-fund  plan  in  requiring  an  annual  surplus  of  taxes  beyond 
the  amount  of  interest  on  the  public  debt.  But  it  differs  from  it,  in  ap 
plying  this  surplus  to  the  immediate  reduction  of  principal.  The  ma 
chinery  of  a  fund  is  dispensed  with,  together  with  all  its  attendant  offi 
cials.  The  best  practical  investment  is  made  by  paying  off  so  much  of 
the  public  debt ;  and  the  temptations  and  waste,  incident  to  a  fund,  are 
avoided.  The  full  benefit  of  a  sinking  fund  is  thus  secured  without  its  dis 
advantages.  All  that  is  required  is  the  original  adjustment  of  the  pay 
ments  of  principal  through  an  entire  series  of  years,  and  the  steady  de 
termination  of  Congress  to  raise  annually  a  fixed  sum  sufficient  to  make 
these  payments  in  addition  to  the  yearly  interest.  The  number  of  years 
in  which  the  debt  will  be  paid,  will  depend  upon  the  amount  of  this  fixed 
sum.  In  proportion  to  its  excess  over  the  annual  interest  will  be  the 
shortness  of  the  period.  The  first  payments  of  principal  will  be  compar- 


APPENDIX.  451 

atively  small.  But  each  will  diminish  the  interest  of  the  succeeding 
year,  and  will  thereby  set  free  a  larger  sum  annually  to  be  applied  to  pay 
the  remaining  principal,  until  the  debt  be  finally  discharged. 

The  act  of  Congress  of  12th  April,  1862,  departed  from  this  plan,  and 
made  the  next  issue  of  bonds  payable  in  thirty  years,  subject  to  redemption 
at  any  time  after  the  expiration  of  ten  years.  The  whole  subject  neces 
sarily  comes  up  for  consideration  in  adjusting  the  tax  now  to  be  laid  by 
Congress. 

The  fifteen-million  loan  carries  an  interest  of  eight  per  cent. ;  it  is  payable 
in  ten  years,  but  may  be  redeemed  at  any  time  after  the  1st  of  September, 
1866.  The  one-hundred-million  loan  is  also  an  eight  per  cent,  loan,  and  is 
made  payable  in  instalments  which  fall  due  every  six  months  for  eighteen 
years  from  1st  January,  1864.  The  first  instalment  of  principal  of  $1,288,7QO 
is  payable  1st  of  January,  1864;  the  second  of  $1,340,100  is  payable  1st  of 
July,  1864.  The  third  loan  is  under  the  act  of  April,  1862 ;  it  is  also  an  eight 
per  cent.,  payable  as  above  stated,  at  the  pleasure  of  the  government  at 
from  ten  to  thirty -years.  • 

If  Congress  should  approve  the  application  of  the  plan  of  the  one-hun 
dred-million  loan  to  the  whole  debt  of  the  government,  then  a  change 
should  be  made  in  the  loan  of  April,  1862.  No  bonds  have  yet  been  issued 
under  that  act,  and  the  matter  is  yet  within  the  control  of  Congress.  A 
modification  of  the  law  must  be  made  at  any  rate  to  meet  the  reduction 
of  interest  required  on  notes  issued  subsequent  to  1st  of  December.  If 
the  scheme  of  finance,  hereinafter  proposed,  in  relation  to  the  debt  guar 
anteed  by  the  States  shall  find  favor  with  Congress,  a  further  modifica 
tion  of  the  loan  of  12th  of  April,  1862,  should  be  made  by  reducing  the 
period  for  redemption  from  ten  years  to  five.  This  change  will  enable 
the  proceeds  of  the  sale  of  the  six  per  cent,  bonds  guaranteed  by  the  States, 
to  be  applied  in  discharge  of  the  eight  per  cent,  at  the  end  of  five  years, 
in  case  they  cannot  be  purchased  in  the  market  sooner. 

III.  We  come  now  to  the  third  feature  in  the  scheme,  namely :  The 
guaranty  of  the  States. 

The  State  of  Virginia  led  the  way  and  proposed  that  Congress  should 
devise  a  plan  for  a  loan  to  be  guaranteed  by  the  States.  Congress  did 
not  see  fit  to  take  any  action  on  the  subject  at  its  last  session.  It  was 
probably  deemed  best  that  the  proposal  shall  come  from  the  States.  An 
offer  of  their  guaranty  is  certainly  more  beneficial  to  the  credit  of  the 
government  than  a  request  for  aid.  The  delay  has  given  the  opportunity 
to  the  States  to  make  the  offer.  The  State  of  Alabama  has  offered  a  guar 
anty  of  her  quota  of  the  whole  war  debt  upon  certain  conditions.  The 
State  of  South  Carolina  has  offered  to  guaranty  a  quota  of  two  hundred 
millions  upon  certain  other  conditions.  A  copy  of  the  action  of  their  re 
spective  Legislatures  is  herewith  submitted. 

The  varying  action  of  these  two  States  evinces  the  importance  of  set 
tling  a  definitive  plan  by  Congress.  It  is  probable  that  every  State  will 


452      REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

cordially  respond  to  such  plan  ami  sustain  the~credit  of  this  government. 
The  great  advantages  to  be  derived  from  this  guaranty  have  already 
been  somewhat  developed.  It  is  only  necessary  now  to  give  prominence 
to  two  of  them  :  First,  the  opportunity  which  it  affords  of  converting  an 
eight  per  cent,  into  a  six  per  cent,  debt;  and,  secondly,  the  premium 
which  can  be  realized  on  the  sale  of  the  bonds.  The  former  will  enable 
the  government  to  establish  a  loan  on  the  principle  already  explained, 
and  the  latter  will  place  in  its  hands  ample  means  to  call  in  the  redun 
dancy  of  treasury  notes  after  the  1st  of  July  next,  and  to  sustain  the 
credit  of  its  eight  per  cent,  securities  or  to  purchase  them. 

Assuming  that  the  States  may  be  induced  to  extend  their  guaranty  to 
five  hundred  millions,  I  propose  to  adjust  the  debt  upon  the  plan  of  the 
hundred-million  loan  so  as  to  insure  its  discharge  within  a  given  period. 
The  length  of  this  period  depends  upon  the  sum  which  Congress  will  de 
vote  to  the  annual  payments.  The  commencement  of  the  period  or  the 
date  at  which  the  first  payment  is  to  be  made  is,  of  course,  within  the 
control  of  Congress,  and  involves  the  same  inquiry  as  to  the  amount  now 
to  be  raised  by  taxes.  A  postponement  of  this  first  payment  of  princi 
pal  would  seem  to  allow  a  diminution  of  the  tax.  But  it  must  be  ob 
served  that  some  considerable  time  must  elapse  before  the  guaranty  of 
the  States  can  be  had;  and  further  time  must  then  be  consumed  in  car 
rying  the  plan  into  execution  and  in  procuring  returns  of  the  sales. 
During  all  this  period  the  eight  per  cent,  and  7.30  notes  are  outstanding, 
and  will  absorb  nearly  as  much  more  money  as  will  afterwards  be  re 
quired  to  meet  the  first  annual  payments  on  the  principal.  Besides  this 
it  cannot  be  too  strongly  urged  that  the  present  is  the  appropriate  mo 
ment  at  which  to  commence  a  proper  system  of  taxes.  The  patriotism  of 
the  country  is  now  fully  aroused.  The  duty  of  contributing  largely  to 
the  support  of  the  government  is  generally  recognized.  The  large 
amount  of  money  in  circulation  will  make  the  payment  easy,  and  the  pay 
ment  itself  will  aid  the  tax-payer  by  reducing  prices  to  their  proper  con 
dition. 

Before  leaving  this  subject,  I  would  respectfully  submit  that  there  is 
another  plan  for  arranging  the  debt  in  instalments,  which  would  produce 
the  same  results.  It  is  by  issuing  all  the  bonds  in  the  usual  form  paya 
ble  at  the  same  date,  and  attaching  to  them  a  condition  that  the  Secre 
tary  of  the  Treasury  shall  annually  or  semi-annually  by  lot  designate  a 
certain  portion  to  be  paid  off.  If  these  annual  payments  were  arranged 
on  the  same  principle  which  governs  the  one-hundred-million  loan,  and 
were  made  equally  obligatory  upon  the  government,  the  result  would  be 
the  same. 

A  reference  to  a  few  details  will  conclude  all  I  have  to  say  on  this  sub 
ject  : 

With  my  last  report  was  submitted  a  report  from  the  war-tax  office,  to 
which  I  request  your  attention,  particularly  to  the  observations  in  rela- 


APPENDIX.  453 

tion  to  a  uniform  tax  on  slaves.  It  is  proper,  also,  to  make  provisions  for 
a  more  equal  assessment  of  property  in  each  State.  A  commission  of  a 
certain  number  of  the  tax  collectors  from  the  various  portions  of  each 
State  should  be  appointed  to  meet  and  adjust  the  rate  at  which  the  vari 
ous  kinds  of  property  should  be  assessed. 

It  seems  to  me,  also,  that  the  entire  machinery  of  assessors  provided  by 
the  last  act  can  be  dispensed  with  by  charging  the  duties  of  the  assessors 
on  the  district  collectors,  and  increasing  their  salaries.  Exceptions  may 
be  made  in  case  of  large  cities.  This  defect  in  salaries  attaches  to  the 
entire  arrangement  of  the  last  act.  It  is  not  a  wise  policy  to  confide  large 
money  arrangements  to  officers  who  are  badly  paid.  The  patriotism  of 
the  officers  induced  them,  during  the  last  year,  to  accept  the  offices  with 
the  small  salaries  allowed.  But  it  would  be  neither  wise  nor  just  to  ask 
a  repetition  of  the  sacrifice. 

The  issuing  of  treasury  notes  and  the  transfer  of  them  to  the  various 
depositories  with  the  arrangements  at  those  depositories  for  their  receipt, 
custody  and  disposal,  have  grown  into  some  of  the  most  important  func 
tions  of  this  department.  The  engraving,  printing,  and  preparing  the 
notes  involve  great  responsibilities  and  still  greater  expense,  and  I  must 
again  urge  upon  Congress  the  expediency  of  creating  for  this  branch 
a  separate  bureau.  The  necessities  of  the  times  compelled  a  transfer 
of  the  printing  establishments  to  Columbia.  It  seems  a  better  policy  to 
encourage  private  competition  and  enterprise,  rather  than  undertake  to 
carry  on  mechanical  work  by  the  government.  The  engraving  and  print 
ing,  together  with  the  manufacture  of  paper,  having  all  been  done  by 
contract.  But  the  handling  of  the  notes  after  they  are  printed,  and  the 
trimming,  numbering  and  signing  them  require  a  large  number  of  clerks. 
I  have  been  obliged  greatly  to  increase  the  number  under  the  authority 
of  the  act  of  March  7, 1861,  and  the  whole  number  is  now  two  hundred 
and  sixty-two,  of  whom  one  hundred  and  thirty-nine  are  ladies.  I  ven 
tured  upon  the  employment  of  tho  latter,  under  the  belief  that  they 
would  be  found  diligent  and  efficient,  and  that  Congress  would  approve 
the  relief  which  was  thereby  extended  to  a  large  portion  of  the  most 
loyal,  suffering  and  deserving  of  our  country-women.  In  arranging  their 
duties,  I  reduced  the  time  and  work  required  below  the  rate  required  of 
the  men,  and  made  a  proportionate  reduction  of  salary.  The  plan  has 
been  found  to  work  well.  When  it  is  considered  that  this  very  large 
branch  of  the  business  of  the  Treasury  is  without  an  appropriate  head, 
and  must  be  superintended  in  all  its  details  as  matters  now  stand  by  the 
Secretary  himself,  it  will,  I  trust,  be  deemed  reasonable  to  establish  a 
separate  bureau  for  its  administration.  I  am  bound  by  a  sense  of  public 
duty  again  to  say,  that  it  would  conduce  more  to  the  public  interest  to 
dispense  with  most  of  this  agency,  and  have  the  signatures  to  the  notes 
engraved  and  printed.  Experience  proves  that  any  signature  is  readily 
imitated — that  the  signatures  of  the  same  writers  vary  so  much  as  to  af- 


454      REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

ford  no  adequate  guide,  and,  that  where  so  many  signers  are  employed, 
it  is  impossible  to  inform  the  community  either  as  to  their  names  or  sig 
natures.  The  written  signatures,  therefore,  furnish  no  better  security 
than  the  engraved. 

The  issue  and  deposit  of  treasury  notes,  and  the  very  large  disburse 
ments  now  made  for  the  war,  have  changed  the  entire  character  of  the 
treasuries  and  depositories.  Those  at  Eichmond,  Charleston,  Montgom 
ery  and  Jackson  have  become  large  banks,  and  the  number  of  clerks  and 
the  salaries  of  both  officers  and  clerks  are  wholly  inadequate.  The  As 
sistant  Treasurer  at  Charleston  has  a  salary  of  $2,500,  and  the  clerks  at 
each  office  are  limited  to  $1,200.  The  teller  in  a  bank  receives  as  much 
for  his  salary  as  is  now  paid  to  the  Assistant  Treasurer  at  Charleston. 
That  officer  has,  for  some  time,  desired  to  resign,  and  for  two  months  I 
have  been  seeking,  without  success,  a  proper  successor.  I  have  also  been 
unable  to  procure  competent  clerks  at  the  salaries  prescribed,  and  have 
been  obliged  to  add  to  the  sum.  Congress  may  judge  of  the  importance 
of  these  offices  when  they  are  informed  that  five  or  six  millions  of  dollars 
are  frequently  in  their  hands  on  deposit.  'These  officers,  moreover,  are 
made  responsible  for  the  acts  of  the  clerks  under  them,  a  liability  which, 
under  present  circumstances,  no  responsible  party  is  willing  to  take. 
Unless  these  difficulties  are  corrected,  it  will  be  difficult  to  retain  the 
present  incumbents,  and  almost  impossible  to  procure  proper  successors. 

The  collection  of  the  produce  loan,  together  with  the  purchase  of  pro 
duce  under  the  act  of  April  21, 1862,  has  been  prosecuted  with  vigor.  The 
total  amount  of  subscriptions  to  the  loan  valued  in  money  is  about  twen 
ty-five  millions  of  dollars ;  of  which  $7,631,044  have  been  collected  at  an 
expense  of  one-third  of  one  per  cent.  The  purchases  of  cotton,  thus  far 
reported  by  the  agents,  amount  to  69,507  bales,  costing  $4,474,400.  These 
purchases,  at  the  present  moment,  have  probably  reached  250,000  bales, 
including  those  of  which  reports  are  on  the  way.  In  order  to  dispose  of 
the  cotton,  two  forms  of  certificates  have  been  devised.  By  one,  the  spe 
cific  parcel  of  cotton  is  identified  and  disposed  of.  By  the  other,  the  gov 
ernment  obligates  itself  to  deliver  certain  quantities  at  certain  points,  at 
a  fixed  price.  By  the  advice  of  our  Ministers  abroad,  some  of  the  latter 
certificates,  covering  about  30,000  bales  of  cotton,  have  been  placed  as  an 
experiment  in  the  foreign  market ;  but  sufficient  time  has  not  elapsed  to 
hear  from  them.  The  details  of  this  branch  of  the  department  are  set 
forth  in  the  report  of  the  clerk  in  charge,  to  which  your  attention  is  in 
vited.  The  important  and  responsible  duties  entrusted  to  this  clerk,  ren 
der  it  proper  that  his  office  should  be  placed  on  a  level  with  other  branches 
in  the  department.  I  would,  therefore,  respectfully  recommend  that  the 
office  be  raised  to  the  grade  of  a  chief  clerkship. 

The  collated  returns  of  the  war  tax  have  not  been  completely  made  in 
all  the  States.  The  report  of  the  chief  clerk  in  charge  of  this  bureau,  is 
so  full  and  distinct  upon  the  several  points  to  which  attention  is  due,  that 


APPENDIX.  455 

I  cannot  do  better  than  refer  you  to  a  copy  thereof,  which  is  herewith 
presented.  The  question  that  has  arisen  between  the  Governor  of  Ten 
nessee  and  the  Department  is  a  mere  question  of  estimate ;  but  as  it  in 
volves  a  large  sum,  the  Secretary  would  respectfully  ask  the  direction  of 
Congress  as  to  some  proper  mode  of  adjusting  the  difference.  The  liberal 
manner  in  which  the  State  has  acted  under  the  circumstances,  may  in 
duce  Congress  to  adopt  an  estimate  which  the  Secretary  would  not  feel 
himself  empowered  to  accept. 

The  suspension  of  the  collection  in  several  parts  of  other  States  is  also 
submitted  specifically  to  the  attention  of  Congress,  in  order  that  further 
instructions  may  be  given.  In  relation  to  the  State  of  South  Carolina,  it 
should  be  remarked  that  the  Governor  has  directed  the  tax  to  be  collected 
by  the  State  tax  collectors,  wherever  practicable,  and  the  amount  to  be 
paid  over  to  the  Confederate  Government. 

It  is  in  my  judgment  advisable  that  we  should  improve  the  present  op 
portunity  to  largely  increase  our  specie  credits  in  Europe.  As  a  step  in 
this  direction,  I  have  sent  a  large  amount  of  the  cotton-loan  bonds  au 
thorized  by  the  act  of  the  last  Congress  to  our  financial  agent  at  Paris 
for  negotiation,  and  am  advised  that  they  are  in  demand  at  the  monied 
centers  of  Europe.  The  provisions  of  the  act  authorizing  this  loan  are 
somewhat  ambiguous.  It  is  not  clear  as  to  whether  Congress  intended 
that  these  bonds  should  be  used  in  funding  treasury  notes,  or  that  they 
.  should  be  used  in  making  a  foreign  loan.  I  recommend  that  the  act  be 
so  amended  that  the  bonds  provided  for  may  be  used  for  largely  increas 
ing  the  amount  of  our  specie  credits ;  also  that  the  rate  at  which  cotton 
should  be  taken  in  payment  of  the  coupons  of  the  bonds,  when  due,  shall 
be  reduced  to  six  pence,  and  that  the  option  remain,  as  now  provided, 
with  the  holder,  to  receive  cotton  at  this  price  per  pound,  or  coin,  as  he 
may  elect..  With  this  amendment  to  the  act,  I  am  assured  that  pur 
chasers  for  a  large  amount  of  these  bonds  can  readily  be  found  in  the 
markets  of  Europe. 

The  legislation  which  will  be  required  to  carry  into  effect  the  several 
matters  recommended  in  this  report,  is  the  following : 

1.  An  act  limiting  the  period  for  funding  the  treasury  notes,  bearing 
date  prior  to  1st  December,  1862. 

2.  Authority  to  issue  a  sufficient  amount  of  treasury  notes,  to  pay  the 
appropriations  required  for  the  support  of  the  government  to  1st  July 
next. 

3.  Authority  to  issue  bonds  and  stock  sufficient  to  fund  the  notes  already 
issued,  entitled  to  be  funded  at  eight  per  cent. ;  and  those  hereafter  to  be 
funded  at  seven  per  cent. 

4.  A  call  upon  the  States  to  guaranty  the  war  debt,  upon  a  plan  to  issue 
six  per  cent,  bonds,  payable  in  instalments,  in  twenty-five  years,  upon  the 
plan  of  the  one-hundred-million  loan. 


456      REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

5.  A  modification  of  the  loan  act  of  April,  1862,  by  reducing  the  time  to 
five  years,  within  which  the  government  may  redeem  the  bonds. 

6.  A  war  tax  upon  property  and  income. 

7.  The  appropriation  act. 

8.  The  organization  of  a  bureau  in  charge  of  the  issue  of  treasury  notes. 

9.  Increase  of  the  salaries  of  the  Assistant  Treasurers  and  depositaries 
and  their  clerks. 

All  of  which  is  respectfully  submitted, 

C.  G.  MEMMINGEB, 
Secretary  of  the  Treasury. 


APPENDIX.  457 

CONDITION  OF  TREASURY,  SEPTEMBER  30,  1863. 


CONFEDERATE  STATES  OF  AMERICA, 

TREASURY  DEPARTMENT,  Richmond,  December  7, 1863. 

Hon.  T.  S.  Bocock,  Speaker  of  the  House  of  Representatives: 

SIR, — I  have  the  honor  to  submit  the  following  report  of  the  condition 
of  this  Department : 

RECEIPTS  FROM  JANUARY  IST  TO  SEPTEMBER  30, 1863. 

For  eight  per  cent,  stock $107,292,900  70 

For  seven  per  cent,  stock 38,737,650  70 

For  six  per  cent,  stock 6,810,050  00 

For  five  per  cent,  call  certificates 22,992,900  00 

For  four  per  cent,  call  certificates 482,200  00 

Cotton  certificates,  act  April  21,  1862 2,000,000  00 

Interest  on  loans 140,210  11 

War  tax 4,128,988  97 

Treasury  notes -. 391;623,530  00 

Sequestration 1,862,550  21 

Customs '.    .  •    .  934,798  68 

Export  duty  on  cotton 8,101  78 

Patent  fund -  .   .   .  10,794  04 

Miscellaneous,  including  repayments  by  disbursing  offi 
cers  24,498,217  93 

Total $601,522,893  12 

EXPENDITURES  DURING  SAME  PERIOD. 

War  Department $377,988,244  00 

Navy  Department * 38,437,661  00 

Civil,  miscellaneous,  etc ,    .    .    .      11,629,278  00 

Customs 56,636  00 

Public  debt 32,212,290  00 

Notes  cancelled  and  redeemed 59,044,449  00 


Total  of  expenditures $519,368,559  00 

Total  of  receipts 601,522,893  00 

Balance  in  treasury $  82,154,334  00 

From  which  is  to  be  deducted  the  amount  of  treasury 
notes  which  have  been  funded  and  brought  in  for  can 
cellation,  but  have  not  yet  been  regularly  audited,  esti 
mated  at 65,000,000  00 

Total $  17,154,334  00 


458      REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

Public  debt  (exclusive  of  foreign  loan)  at  same  period  was  as  follows: 

FUNDED. 

Eight  per  cents $207,128,750  00 

Seven  per  cents •     42,745,600  00 

Six  per  cents 41,006,270  00 

Six  per  cent,  cotton  interest  bonds 2,035,000  00 

Total $292,915,620  00 

UNFUNDED. 
Treasury  notes : 

General  currency .  $603,632,798  50 

Two-year  notes 8,477,975  00 

Interest  notes  at  3.65 627,450  00 

"      "    7.30 122,582,200  00 

Under  $5 4,887,095  50 

Five  per  cent,  call  certificates 26,240,000  00 

Total $766,447,519  00 

Deduct  amount  of  treasury  notes  funded  and  cancelled, 

above  referred  to 65,000,000  00 

$701,447,519  00 

In  order  to  estimate  the  amount  of  treasury  notes  in  circulation  at  the 
date  of  this  report,  there  must  be  added  the  further  sum  of  one  hundred 
millions  for  the  two  months  which  have  elapsed  since  the  date  of  the  above 
schedules.  The  balance  of  appropriations  already  made  by  Congress,  and 
not  drawn  on  30th  September,  stood  as  follows : 

War  Department $395,502,698  00 

Navy  Department 24,413,645  00 

Civil,  miscellaneous,  etc 56,240,996  00 

Customs 294,460  00 

Total $476,451,799  00 

The  estimates  submitted  by  the  various  departments  for  the  support  of 
the  government  are  made  to  1st  July,  1864,  the  end  of  the  fiscal  year,  and 
are  as  follows : 

Legislative  Department $       309,005  00 

Executive  Department 52,350  00 

Treasury  Department 25,583,359  00 

War  Department 438,078,870  00 

Navy  Department 13,624,945  00 

State  Department 544,409  00 

Justice  Department 222,587  00 

Postoffice  Department 82,968  00 

Total $475,498,493  00 


APPENDIX.  459 

If  these  estimates  be  extended  to  embrace  the  remaining  six  months  of 
the  calendar  year,  they  must  be  doubled  ;  and  that  sum  added  to  the  un 
drawn  appropriations  would  make  an  aggregate  of  $1,427,448,788,  which 
Congress  is  formally  called  upon  to  provide.  It  is  obvious,  however,  that 
the  amount  to  the  credit  of  undrawn  appropriations  cannot  be  called 
for,  inasmuch  as  there  remain  but  three  months  of  the  present  calendar 
year  to  be  provided  for,  and  the  expenditures  are  limited  to  fifty  millions 
per  month.  So,  too,  as  to  the  estimates.  Any  measures  which  will 
promptly  reduce  the  currency  will  act  upon  prices  and  thereby  materially 
reduce  the  estimates.  But  the  larger  figures  exhibit  to  us  in  a  distinct 
and  tangible  form  the  problem  which  we  are  now  required  to  solve.  The 
currency  has,  by  this  time,  attained  dimensions  of  five  times  its  proper 
size.  The  estimates  are  based  upon  prices  fixed  by  this  condition  of  the 
currency.  If  these  estimates  are  to  be  supplied  by  new  issues  of  cur 
rency,  prices  must  again  increase  and  large  additions  must  be  made  to 
the  figures  which  represent  both  currency  and  estimates.  It  is  obvious, 
therefore,  that  some  other  mode  of  raising  supplies  must  be  devised,  and 
the  necessity  is  equally  obvious  of  reducing  the  currency.  We  are  thus 
distinctly  presented  with  these  two  conditions  as  necessary  elements  of 
the  problem  to  be  solved — namely,  reduction  of  the  existing  currency  and 
a  supply  of  means  from  some  source  other  than  treasury  notes. 

In  a  former  report  it  was  shown  that  one  hundred  and  fifty  millions  of 
dollars  was  probably  the  amount  of  currency  which  could  be  put  in  circu 
lation  under  existing  circumstances  in  the  Confederate  States  without 
material  derangement  of  values.  The  currency  in  circulation  when  the 
estimates  for  the  ensuing  year  were  made  up  was  about  four  times  that 
amount,  and  it  may  be  fairly  assumed  that  the  prices  were  then  nearly 
four  times  what  they  would  have  been  if  the  currency  had  been  restored 
to  its  original  condition.  A  reduction  of  the  currency  should,  therefore, 
be  a  preliminary  measure.  It  is  substantially  the  most  efficient  means  of 
raising  supplies — far  more  so  than  either  taxes  or  loans.  These  last  serve 
only  to  provide  the  amount  which  they  nominally  raise,  but  a  reduction 
of  the  currency  by  reducing  prices  furnishes  three  or  four  times  the 
amount  of  such  reduction.  It  may  be  fairly  assumed  that  a  reduction  of 
the  currency  to  two  hundred  millions  would  enable  the  government  to 
sustain  itself  with  an  expenditure  of  only  four  hundred  millions  in  money, 
and  if  our  problem  be  then  stated  in  figures,  it  requires  the  apparently 
opposite  conditions  of  raising  four  hundred  millions  of  supplies  and  of  re 
tiring  an  equal  amount  of  currency. 

But  there  is  also  one  further  condition  involved.  The  support  of  the 
government  requires  continued  supplies.  Any  delay  in  the  action  of 
measures  to  relieve  the  currency  aggravates  all  the  difficulties.  In  the 
interval  other  issues  must  be  made,  and  those  issues  react  on  prices  and 
increase  the  government  expenditure.  Promptness  and  certainty  in  the 


"460"     REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

reduction  are,  therefore,  as  important  as  the  reduction  itself.    Thus  we 
are  fairly  confronted  with  the  three  difficulties  to  be  surmounted. 

1.  The  currency  must  be  reduced. 

2.  The  supplies  must  be  raised. 

3.  The  measures  to  attain  these  ends  must  be  prompt  and  certain* 
I.  The  currency  must  be  reduced. 

In  the  present  expanded  state  of  the  currency  it  would  not  be  expedi 
ent  to  reduce  the  circulation  to  its  proper  normal  standard.  In  order  to 
effect  the  results  demanded  by  the  public  interests,  the  contraction  must, 
of  necessity,  be  great  and  sudden.  But  it  is  presumed  that  a  reduction  of 
the  entire  volume  to  two  hundred  millions  will  be  sufficient.  After  the 
war,  measures  may  be  adopted  for  such  further  reductions  as  may  then  be 
proper.  The  excess  of  currency  over  this  proposed  standard  is  now  about 
five  hundred  millions.  The  reduction  of  prices  which  would  follow  the 
retiring  of  this  excess  would,  in  all  probability,  so  reduce  the  expenses  of 
the  government  that  four  hundred  millions  of  money  would  be  a  sufficient 
supply.  Thus  we  have  before  us  a  demand  for  nine  hundred  millions  in 
the  course  of  the  ensuing  year. 

In  the  present  state  of  the  country  it  is  manifestly  impossible  to  raise 
this  large  sum  by  taxes  alone,  and  we  are,  therefore,  compelled  to  resort 
to  the  only  other  resource  presented  by  experience — namely,  a  loan. 

In  the  voluntary  form  loans  have  already  been  tried  by  the  government, 
and  have  succeeded  to  the  extent  of  upwards  of  three  hundred  millions 
since  the  commencement  of  the  war.  For  an  agricultural  country  like 
ours,  this,  under  the  unexpected  pressure  upon  our  people,  would  justly 
be  deemed  a  large  contribution.  At  the  commencement  of  the  war  no  one 
foresaw  the  extent  to  which  it  would  be  carried.  It  was  not  expected  that 
we  would  be  called  upon  to  check  the  advance  of  half  a  million  of  men, 
supported  by  the  whole  outer  world,  while  we  were  shut  into  our  own  soil 
and  resources.  Our  products  were  thought  essential  to  the  rest  of  man 
kind,  and  it  was  believed  that  they  would  come  and  buy  them.  Our  finan 
cial  measures  were  commenced  with  these  views  and  were  founded  upon 
the  basis  of  specie  values.  We  issued  treasury  notes  without  interest,  and 
then  offered  to  exchange  them  for  bonds  whose  interest  was  paid  in  coin. 
This  interest  was  made  as  high  as  eight  per  cent.,  because  the  legal  rate 
of  interest  in  the  greater  number  of  the  original  Confederate  States  was 
at  and  over  seven  per  cent. 

This  system  was  based  upon  sound  principles,  and  if  we  could  have  ex 
ported  our  produce  and  thereby  have  procured  specie,  or  its  equivalent, 
the  plan  would  have  effected  the  objects  intended.  Unfortunately,  the 
blockade  was  accepted  by  neutral  powers,  and  our  just  expectations  were 
disappointed.  The  specie  of  the  world  could  not  flow  in  upon  us,  and, 
when  ours  was  exhausted,  we  were  compelled  to  pay  interest  on  our 
bonds  in  treasury  notes.  The  foundation  of  the  system  was  thus  lost. 
Paper  money  rested  on  other  paper,  and  as  both  accumulated  they  acted 


APPENDIX.  461 

and  re-acted  on  each  other,  until  both  have  been  reduced  to  the  rate  at 
which  they  now  stand. 

The  obvious  mode  of  recovery  is  to  restore  the  specie  foundation  or  to 
obtain  a  substitute  approaching  specie  values:  This  was  attempted  at 
the  last  session  of  Congress  by  the  issue  of  cotton  interest  bonds,  and  by 
the  proposal  to  obtain  the  guaranty  of  the  States  on  the  bonds  of  the  Con 
federate  States.  These  bonds,  if  negotiated  in  Europe,  it  was  expected 
would  provide  funds  for  the  redemption  of  the  currency  and  thus  replace 
it  upon  a  firm  foundation.  As  late  as  the  fall  of  Vicksburg  the  credit  of 
the  Confederacy  was  so  good  in  Europe  that  it  is  believed  that  bonds  with 
such  a  guaranty  could  have  been  negotiated  at  a  rate  which  would  have 
enabled  the  Secretary  of  the  Treasury  to  control  both  the  currency  and 
the  foreign  exchanges.  Unfortunately,  some  of  the  States  refused  their 
concurrence  and  the  measure  failed.  While  these  various  measures  were 
in  progress  efforts  were  made  by  the  government  to  put  in  action  the  only 
other  mode  of  raising  money — namely,  taxes.  The  first  tax  was  laid  in 
August,  1861,  and  although  not  collected  until  1862,  yet  so  little  were  the 
people  prepared  to  respond  that  the  fcax  was  actually  collected  from  them 
in  only  three  States.  In  the  rest  the  States  themselves  advanced  the 
amount  due  by  their  citizens  and  aggravated  existing  evils  by  issues  of 
their  own  notes  and  bonds. 

The  small  avails  of  this  tax  left  the  government  no  resource  but  to  con 
tinue  the  issue  of  treasury  notes,  and  to  sustain  them,  as  far  as  possible, 
by  funding  them  in  bonds.  Efforts  were  made  by  inducements  and 
limitation  of  privileges  to  promote  funding.  These  efforts,  added  to  those 
which  had  preceded  them,  led  to  the  funding  of  upwards  of  three  hundred 
millions,  as  already  stated — a  sum  which  would  have  been  deemed  satisfac 
tory  in  any  ordinary  war,  but  which  is  wholly  inadequate  for  the  present. 

At  the  last  session  Congress  passed  another  tax  bill,  which  is  now  in  the 
course  of  being  executed.  But  the  large  increase  in  prices,  and  the  con 
sequent  increase  of  demands  on  the  government,  clearly  show  already 
that  the  tax,  if  even  now  realized,  would  be  wholly  inadequate  to  supply 
these  demands.  A  further  issue  of  treasury  notes  is,  indeed,  a  necessity, 
until  other  measures  can  be  adopted ;  but  the  public  mind  has  at  last  be 
come  awakened  to  the  stronger  necessity  of  devising  such  measures,  and 
seems  prepared  to  adopt  any  remedy,  however  sharp,  if  it  can  be  satisfied 
that  such  a  remedy  will  be  effective. 

I  have  already  stated  that  there  are  but  two  legitimate  sources  of  sup 
ply — to-wit :  taxes  and  loans.  No  nation  engaged  in  a  war  like  the  present 
has  ever  been  able  to  sustain  itself  by  ta^xes  alone.  Loans,  also,  are  neces 
sary,  but  in  order  to  negotiate  them  an  assurance  must  be  given  that  the 
interest  will  be  paid  in  a  medium  of  certain  value.  The  departure  from 
this  principle  has  undermined  our  credit,  and  our  first  effort  should  be  to 
recover  our  first  position.  We  must  make  the  interest  of  any  loan  which 
is  to  be  offered  payable  in  specie  or  its  equivalent. 


462      REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

The  fifteen-mflKoir  loan  has  taught  us  a  mode  of  effecting,  at  least  in 
part,  this  desirable  result.*.  A  duty,  payable  in  coin,  is  allowed  to  be  dis 
charged  by  the  coupons  of  this  loan,  and  the  result  is  that  the  bonds  have 
maintained  a  steady  value,  their  market  price  being  nearly  twice  that  of 
other  public  securities.  If,  then,  a  loan  were  established,  the  interest 
coupons  of  which  would  be  available  to  pay  specie  dues,  a  foundation  in 
the  nature  of  a  specie  value  would  be  secured,  and  upon  it  might  be  re 
constructed  the  sound  financial  policy  with  which  we  started.  To  effect 
this  it  is  not  only  necessary  to  levy  a  tax  payable  in  coin,  and  as  such  a  tax 
would  not  be  required  to  pay  more  than  the  interest,  its  amount  would 
obviously  be  within  the  power  of  the  government  to  collect.  A  loan  of  five 
hundred  millions  would  be  sufficient  to  reduce  the  currency  to  two  hun 
dred  millions,  and  would  require  a  tax  of  not  more  than  thirty  millions 
annually.  Such  a  tax  could  be  readily  borne  by  the  country,  and  if  this 
were  all  that  is  required  the  remedy  would  be  easy.  But  a  simple  reduc 
tion  of  the  currency,  while  it  would  abate  the  existing  evils,  would  not 
preserve  the  country  from  their  recurrence.  In  twelve  months  the  cur 
rency  would  again  become  redundant.  It  is  necessary,  therefore,  that  an 
absolute  limitation  shall  be  fixed  upon  issues.  A  guaranty  must  be  given 
that  the  two  hundred  millions  left  in  circulation  shall  in  no  event  be  in 
creased  ;  or,  in  other  words,  that  whatever  supplies  may  be  necessary  shall 
be  raised  by  other  means  than  by  issues  of  treasury  notes. 

II.  And  this  brings  us  to  the  consideration  of  the  second  point  of  our  in 
quiry — to-wit :  the  raising  of  the  necessary  supplies. 

It  has  already  been  stated  that,  if  the  currency  could  be  reduced  to 
two  hundred  millions,  the  annual  money  expenditure  of  the  government 
could  probably  also  be  reduced  to  four  hundred  millions.  This  amount 
is  proposed  to  be  raised  partly  by  taxes,  and  the  remainder  by  an  exten 
sion  of  the  loan  already  proposed,  say  one  hundred  millions  by  taxes  and 
three  hundred  millions  by  the  loan.  The  returns  to  the  tax  act  of 
August,  1861,  have  been  completed  for  nine  States  ;  two  more  have  been 
partly  completed  and  can  be  estimated.  The  total  values  of  property  in 
these  eleven  States  amount  to  four  thousand  two  hundred  and  twenty 
millions  of  dollars.  If  we  deduct  from  these  values  the  conjectural  value 
of  property  lost  and  in  possession  of  the  enemy,  and  add  the  increased 
rate  of  present  prices,  the  valuation  upon  which  a  tax  could  be  rated  may 
be  fairly  set  down  at  three  thousand  millions.  A  tax,  ad  valorem,  of  five 
per  cent,  on  this  value  would  nominally  produce  one  hundred  and  fifty 
millions.  Allowing  an  abatement  of  twenty  per  cent,  for  evasions,  fail 
ures  to  make  returns,  expenses  and  contingencies,  there  would  remain 
one  hundred  and  twenty  millions.  A  loan  of  one  thousand  millions 
would  be  sufficient  to  absorb  the  currency,  and  to  furnish  three  hundred 
millions  for  supplies ;  and  the  interest  of  this  loan  would  require  one-half 
of  the  amount  raised  by  the  tax.  This  would  leave  the  other  half,  or 
sixty  millions,  for  the  supplies ;  and  to  this  would  be  added  the  proceeds 


APPENDIX.  463 

of  the  income  and  profit  tax,  payable  after  1st  January.  A  tax  of  this 
kind  is  so  uncertain  and  so  easily  evaded  that  it  cannot  be  "estimated  be 
forehand.  It  will,  in  no  event,  however,  be  sufficient  to  induce  any 
change  of  other  measures  ;  and,  therefore,  we  must  rely  for  any  deficiency 
upon  that  portion  of  the  treasury  notes  which  will  be  substituted  for  the 
old  issues.  The  sixty  millions,  or  one-half,  which  is  to  support  the  loan, 
if  made  payable  in  coin  or  in  the  interest  coupons  of  the  loan,  will  furnish 
the  means  as  well  for  the  interest  for  the  seven  hundred  millions  re 
quired  for  the  currency,  as  of  the  three  hundred  millions  to  be  applied 
for  expenditure.  In  the  same  manner,  by  making  further  additions  to 
the  tax,  the  loan  can  be  increased  from  time  to  time  so  as  to  consolidate 
the  whole  public  debt ;  or,  as  the  war  continues,  to  obtain  further  sup 
plies  for  carrying  it  on.  By  these  means  the  credit  of  the  government 
will  be  firmly  established,  confidence  will  be  restored,  and  the  embarrass 
ments  which  now  oppress  us  will  be  removed. 

But,  III.,  the  measures  to  be  adopted  must  be  prompt  and  certain. 

Delay  in  retiring  the  currency  would  aggravate  all  the  evils  which  are 
in  existence,  by  adding  new  issues  to  the  mass  already  in  circulation. 
Uncertainty  as  to  the  effect  of  the  measures  in  withdrawing  the  excess 
would  be  equally  injurious.  No  one  would  be  willing  to  accept  a  loan 
which  might  again  be  depreciated  by  a  redundant  currency.  Even  with 
all  the  inducements  which  may  be  offered,  and  the  caution  which  may  be 
observed,  the  loan  itself  may  not  be  taken  in  sufficient  portions  to  secure 
the  result.  Voluntary  loans  have  already  been  offered  and  have  not  been 
taken.  It  is,  therefore,  necessary  to  provide  some  mode  which  will  abso 
lutely  secure  the  final  result  in  any  event ;  and  this  can  only  be  done  by 
providing  compulsory  measures  for  use  as  a  last  resort.  The  measures 
may  be  adjusted  so  as  not  to  press  upon  the  willing,  while  they  merely 
compel  the  unwilling  to  take  their  just  portion  of  the  burthen.  With 
these  explanations,  I  respectfully  submit  the  following  measures  as  those 
which  I  would  recommend  for  adoption  : 

SCHEME  PROPOSED. 

1.  That  Congress  forthwith  authorize  a  loan  of  one  thousand  millions  in 
six  per  cent,  bonds,  the  principal  payable  in  twenty  years,  the  interest 
semi-annually  ;  to  be  extended  hereafter,  from  time  to  time,  so  as  to  con 
solidate  the  whole  public  debt. 

2.  That  the  Secretary  of  the  Treasury  be  authorized  to  sell  at  par  as 
many  of  the  said  bonds  as  will  be  sufficient  to  take  up  the  outstanding 
currency,  and  to  pay  the  appropriations  made  by  Congress. 

3.  That  deposits  of  treasury  notes  on  account  of  the  said  loan  may  be 
received  at  the  treasury  or  any  of  its  depositories,  or  by  commissioners  to 
be  appointed ;  said  deposits  to  be  in  sums  of  one  hundred  dollars,  or  of 
which  one  hundred  is  a  perfect  divisor. 


464      REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY., 

4.  Certificates  shall  be  issued  for  such  deposits,  which  shall  entitle  the 
holder  to  bonds  for  the  amount,  with  interest  from  the  date  of  deposit. 
If  the  deposit  be  made  in  the  month  of  January,  the  bonds  issued  for  the 
same  shall  be  exempt  from  the  tax  of  five  per  cent,  for  the  present  year, 
hereinafter  mentioned ;  if  made  in  the  month  of  February,  they  shall  be 
exempt  from  one-half  of  the  tax,  and  if  made  in  the  month  of  March,  they 
shall  be  exempt  from  one-fourth  of  the  tax.     Officers,  soldiers,  and  sea 
men,  in  service,  shall  be  entitled  to  exemption  from  the  whole  tax  for 
sums  paid  at  any  time  before  the  1st  of  April,  1864. 

5.  A  tax  of  five  per  cent,  shall  be  imposed  on  all  property  and  credits 
(other  than  the  new  issue  of  notes  hereinafter  mentioned)  which  may  be 
held  on  the  1st  April  next,  to  be  paid  on  the  1st  July ;  one-half  in  treas 
ury  notes,  and  one-half  in  coin  or  in  the  coupons  of  the  bonds  issued  for 
this  loan. 

6.  In  case  the  coupons  should  advance  in  the  market  to  a  premium  ex 
ceeding  twenty-five  per  cent.,  any  tax  payer  shall  be  permitted  to  pay  his 
tax  in  treasury  notes  of  the  new  issue,  with  twenty-five  per  cent,  added. 

,  7.  Within  six  months  a  new  and  improved  issue  shall  be  made  of  two 
hundred  millions  of  treasury  notes  in  substitution  for  that  amount  of  old 
issues,  and  all  the  old  issues  shall  be  cancelled,  and  the  faith  of  the  gov 
ernment  is  pledged  not  to  increase  said  issues. 

8.  Notice  shall  be  given  to  the  holders  of  treasury  notes  (other  than  the 
said  two  hundred  millions)  requiring  them  to  present  their  notes  at  the 
Treasury,  or  at  some  of  its  depositories,  on  or  before  the  first  day  of  April 
next,  and  receive  payment  thereof  in  bonds  of  the  said  consolidated  loan  ; 
or,  in  default  thereof,  the  notes  not  so  brought  in  shall  cease  to  be  current 
or  receivable  at  the  Treasury  for  dues,  but  shall  remain  evidences  of  debt, 
payable  by  the  Confederate  States  according  to  their  tenor. 

9.  In  the  States  beyond  the  Mississippi  the  time  mentioned  in  the  last 
clause  shall  be  extended  until  the  first  day  of  July. 

10.  Six  months  more  shall  be  allowed  all  holders  of  treasury  notes  to 
come   in   and   register  and  verify  their  notes  as  demands  against  the 
Treasury  and  exchange  the  same  for  a  certificate  of  debt ;  or,  if  they  pre 
fer  to  keep  the  notes,  the  name  of  the  holder  shall  be  endorsed  thereon, 
after  which  the  said  notes  shall  be  negotiable  only  by  special  assignment, 
arid  all  notes  not  so  registered  within  the  said  time  shall  be  barred  from 
any  further  claim  on  the  government., 

11.  Any  holder  of  a  bond  of  the  Confederate  States  may  convert  the  same 
into  one  of  the  bonds  under  this  loan — the  eight  per  cent,  bonds  at  par  and 
the  others  at  a  proportionate  rate — and  the  loan  shall  be  extended  so  as  to 
absorb  all  bonds  which  may  be  offered  in  exchange. 

12.  The  interest  coupons  of  this  loan  shall  be  held  equivalent  to  specie 
in  all  future  dealings  of  the  government  and  shall  be  accepted  in  payment 
of  any  tax  hereafter  made  payable  in  coin. 


APPENDIX.  465 

13.  The  faith  of  the  government  is  pledged  to  make  adequate  provision 
for  the  payment  of  the  principal  and  interest  of  the  said  loan,,  by  the  con 
tinuance  of  the  tax  mentioned  in  article  five,  until  a  census  shall  be  taken, 
after  which  like  provision  shall  be  made  by  direct  taxes  or  by  duties  on 
imports  and  exports. 

14.  The  notes  of  denominations  under  five  dollars  shall  not  be  affected 
by  the  provisions  of  this  scheme. 

It  will  be  perceived  that  the  measures  proposed  naturally  divide  them 
selves  into  two  distinct  characters — the  one  voluntary,  the  others  involun 
tary.  The  former  are  deemed  adequate  to  induce  the  voluntary  aid  of 
every  good  citizen.  It  cannot  be  considered  a  just  objection  that  the 
others  are  added  when  such  addition  merely  gives  unity  to  the  plan,  and, 
like  a  tax  execution,  affects  only  those  who  are  negligent  or  delinquent  in 
performing  a  public  duty. 

The  first  class  of  measures,  or  those  which  induce  voluntary  action,  are 
the  following : 

1.  The  offer  of  a  loan  on  bonds,  with  interest  coupons,  receivable  as  coin 
or  its  equivalent. 

2.  The  means  by  which  this  is  effected — namely,  a  tax  upon  all  values 
to  be  paid  in  coin  or  in  the'" interest  coupons  of  the  said  bonds. 

3.  The  exemption  of  the  bonds  from  the  tax  for  one  year  in  considera 
tion  of  a  prompt  advance  of  the  purchase  money  in  anticipation  of  their 
delivery. 

4.  The  reduction  of  the  prices  of  all  articles  of  subsistence  and  the  per 
manent  restriction  of  the  volume  of  the  currency. 

The  measures  which  are  involuntary  are  chiefly  two,  which  will  be  con 
sidered  under  the  following  heads  : 

5.  A  limitation  of  time  beyond  which  treasury  notes  now  in  circulation 
shall  cease  to  be  receivable  as  currency  and  for  public  dues. 

6.  The  registration  of  the  notes  as  evidences  of  public  debt. 

1.  And  first  as  to  the  character  of  the  proposed  loan.    It  is  intended  to 
consolidate  all  the  various  forms  of  the  public  debt.     Every  holder  of  a 
bond,  call  certificate,  or  treasury  note,  may   exchange  his  security  for 
bonds  under  this  loan.     The  treasury-note  holder,  for  reasons  applicable 
only  to  that  kind  of  security,  is  required  to  make  the  exchange  within 
three  months  from  the  1st  January.    The  bondholders  are  allowed  their 
own  time,  or,  if  preferred,  they  may  retain  their  own  securities.     It  is 
hoped  that  the  inducements  offered  will  bring  them  all  in. 

The  necessity  which  will  be  on  each  tax  payer  to  find  specie  or  the  cou 
pons  of  these  bonds  will  induce  him  to  invest  part  of  his  means  in  them. 
And  the  fact  that  the  whole  of  the  coupons  will  be  required  to  pay  the  tax 
will  create  a  demand  which  will  impart  to  them  a  fixed  value  approxima 
ting  to  specie. 

2.  The  means  adopted  to  effect  this  result  are  the  laying  a  tax  upon  all 
values,  to  be  paid  in  coin  or  in  the  interest  coupons  of  the  said  bonds. 

.-30 


466      REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

A  loan  of  one  thousand  millions  would  require  a  tax  of  sixty  millions  to 
pay  the  interest,  and  if  such  a  loan  could  be  relied  on  to  supply  all  de 
mands  for  money  for  the  current  year,  no  larger  tax  need  be  imposed.  But 
it  will  be  found  that  at  least  sixty  millions  more  in  addition  to  the  exist 
ing  taxes  will  be  required.  It  is,  therefore,  proposed  to  levy  a  tax  of  one 
hundred  and  twenty  millions,  and  to  allow  one-half  to  be  paid  in  treasury 
notes,  while  the  other  half  is  made  payable  in  coin  or  in  the  coupons  of 
the  said  bonds.  To  raise  this  amount  it  has  already  been  shown  that  a  tax 
of  five  per  cent,  on  all  values  will  be  required.  This  tax  is  laid  at  a  date 
just  twelve  months  subsequent  to  the  tax  of  the  present  year.  It  is  pro 
posed  to  lay  the  tax  equally  upon  every  object  of  value,  so  that  each  per 
son  will  contribute  in  exact  proportion  to  his  means. 

The  existing  taxes,  it  is  assumed,  have  been  enacted  with  just  relation 
to  the  income  arising  from  real  and  personal  property.  The  new  tax, 
therefore,  imposes  a  uniform  duty  ad  valorem  on  all  property.  In  doing  so 
it  encounters  the  objections  which  have  been  raised  under  the  provisions 
of  the  permanent  constitution  against  such  a  tax  upon  lands  and  negroes. 
It  is  contended  that  the  provision  which  declares  that  no  direct  or  capita 
tion  tax  shall  be  laid  unless  in  conformity  with  an  enumeration  which,  by 
a  previous  clause,  is  directed  to  be  actually  paid  within  three  years,  pre 
vents  the  imposition  of  any  tax  upon  lands  and  negroes  until  the  enumera 
tion  shall  be  made.  The  land  and  negroes  in  the  Confederate  States  con 
stitute  two-thirds  of  taxable  values,  and  if  this  objection  prevail  it  would 
establish  the  surprising  conclusion  that  all  the  States  which  ratified  the 
constitution,  while  engaged  in  war  which  put  at  hazard  the  lives  and  for 
tunes  of  all  their  citizens  and  their  own  independence,  excepted  from  the 
contribution  to  maintain  that  war  the  very  property  for  which  they  were 
contending.  Such  a  construction  is  manifestly  erroneous  and  could  never 
have  been  intended.  The  more  consistent  interpretation  is  that  a  princi 
ple  was  established  which  should  operate  as  soon  as  the  basis  for  its  action 
was  obtained.  As  soon  as  the  enumeration  could  be  taken  there  was  to  be 
an  apportionment.  But  if  an  enumeration  became  impossible,  then  the  tax 
must  be  laid  according  to  the  other  rule  of  uniformity  declared  by  the  con 
stitution.  There  is  a  general  power  to  lay  taxes  which  becomes  subject 
to  a  special  limitation  as  soon  as  an  enumeration  can  be  had.  That  enu 
meration  is  ordered  to  be  taken  within  three  years,  but  it  is  prevented 
from  being  taken  by  the  presence  of  the  public  enemy.  Under  such  a 
state  of  things  the  limitation  must  be  considered  as  in  suspense  and  the 
general  power  may  be  exercised.  It  seems  to  me,  therefore,  that  the  ad 
valorem  tax  is  no  infringement  of  the  constitution. 

In  the  present  condition  of  the  country,  such  a  tax  is  more  equitable 
and  beneficial  than  any  apportioned  tax  would  be.  The  occupation  of 
large  portions  of  the  States  by  the  enemy  would  cast  the  whole  quota  of 
any  State  upon  the  unoccupied  portions.  The  States  which  are  in  this 
condition  would  have  the  largest  quotas  to  pay  on  account  of  their  larger 


APPENDIX.  467 

representation,  and  thus  the  burden  of  the  tax  at  present  would  be  in 
verted.  The  greatest  sufferers  would  be  required  to  bear  the  heaviest 
burden.  In  either  view,  then,  the  ad  valorem  tax  is  greatly  to  be 
preferred. 

The  requirement  to  pay  one-half  the  tax  in  coin  or  in  the  coupons  of 
the  consolidated  loan  will  create  in  every  tax  payer  a  desire  to  possess 
these  bonds.  Just  in  proportion  to  the  extent  of  his  property  will  he 
have  occasion  for  the  bonds,  and  universal  demand  for  them  will  be 
created  by  making  the  tax  universal.  Those  who  have  small  amounts  to 
pay  will  purchase  the  coupons,  as  is  now  done  with  the  fifteen-million 
loan.  And  an  exemption  being  given  to  small  property  holders,  there  is 
but  little  danger  from  speculation  or  inability  to  procure  a  supply.  All 
uncertainty  on  this  point,  however,  is  removed  by  the  provision  which 
authorizes  payment  in  treasury  notes,  if  the  market  price  of  the  coupons 
should  advance  twenty-five  per  cent,  premium.  It  is  necessary  to  allow 
some  advance  in  order  to  furnish  inducement  to  purchasers  of  the  bonds. 
It  is  believed  that  the  range  proposed  will  secure  this  object,  while  it 
afford  sufficient  protection  to  the  tax  payer  from  any  combination  of 
capital.  The  tax,  therefore,  while  it  induces  large  purchases  of  bonds  by 
large  property  holders,  is  adjusted  to  the  wants  of  those  who  are  unable 
to  purchase  the  bonds.  It  also  offers  the  strongest  inducements  to  hold 
ers  of  commodities  to  offer  them  for  sale  instead  of  hoarding  for  higher 
prices.  They  will  perceive  that,  if  they  retain  their  commodities  until 
the  currency  becomes  contracted,  it  will  require  a  much  larger  quantity 
of  them  to  be  afterwards  sold  in  order  to  pay  their  quota  of  the  tax. 

3.  The  next  subject  of  consideration  is  the  exemption  offered  for  an 
advance  of  the  purchase  money  of  the  bonds. 

The  five  per  cent,  tax  is  proposed  to  be  laid  upon  all  values  held  on  1st 
July,  1864,  excepting  the  two  hundred  millions  of  new  currency.  The 
bonds  to  be  issued  for  the  consolidated  loan  are,  therefore,  included  with 
all  other  bonds  and  securities.  But  the  advantage  to  the  public  is  so 
great  from  retiring  the  circulation  promptly,  that  an  offer  of  an  exemp 
tion  for  one  year  from  the  whole  tax  on  these  bonds,  is  niade  to  any  per 
son  who  will  pay  in  treasury  notes  on  account  of  the  loan  in  the  month 
of  January ;  an  exemption  of  one-half  is  offered  those  who  will  make 
such  payment  in  the  month  of  February,  and  of  one-fourth  to  those  who 
will  pay  in  the  month  of  March.  It  will  not  be  practicable  to  deliver  so 
large  an  issue  of  bonds  within  this  period  of  time,  and  the  exemption, 
therefore,  not  only  compensates  for  the  advance,  but  for  the  delay  in  fur 
nishing  the  bonds.  The  officers  and  soldiers  in  the  army  being  prevented 
by  their  duties  from  attending  promptly  to  their  private  business,  are 
allowed  the  privilege  of  the  entire  three  months  for  profiting  by  the  ex 
emption.  Any  payment  made  by  them  before  the  1st  of  April  will  en 
title  them  to  exemption  from  the  tax  on  the  bonds  thereby  purchased. 
On  the  1st  of  April  the  privilege  of  conversion  is  taken  away  on  this  side 


468      REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

the  Mississippi  river,  but  it  continues  for  three  months  more  on  the  other 
side. 

These  measures,  it  is  believed,  will  be  sufficient  to  procure  a  prompt 
and  active  reduction  of  the  currency.  Each  person  in  the  possession  of 
currency  will  thus  be  enabled  to  convert  into  bonds,  based  on  specie 
values,  notes,  which  at  the  time,  cannot  command  more  than  one-fourth 
of  those  values.  Those  who  hold  commodities  are  in  a  still  better  condi 
tion  to  profit  by  the  loan.  A  farmer  may  sell  his  grain  for  five  times  the 
ordinary  price,  and  invest  the  whole  amount  in  a  bond  payable,  in 
twenty  years,  in  specie,  the  interest  coupons  of  which  are  available  to 
discharge  a  liability  to  pay  in  coin. 

4.  There  remains  one  other  -inducement  to  voluntary  subscription  yet 
to  be  considered — namely  :  the  reduction  of  the  price  of  subsistence,  and 
the  permanent  restriction  of  issues  of  treasury  notes. 

The  parties  who  are  most  likely  to  be  the  largest  contributors  to  the 
loan  are  banks,  manufacturers,  railroad  companies,  and  persons  of  capital. 
To  all  these  in  an  especial  degree,  the  establishment  of  the  currency 
upon  a  permanent  footing,  is  of  the  utmost  value.  No  such  permanence 
can  be  had  if  new  issues  are  continued.  A  restriction  which  keeps  the 
currency  within  just  bounds  increases  the  value  of  every  railroad  fare ; 
adds  to  the  rate  of  interest ;  reduces  the  price  of  all  labor  and  subsist 
ence,  and  restores  confidence  and  stability  to  all  transactions.  The 
amount  at  which  the  currency  is  to  stand  is  set  down  at  two  hundred 
millions.  This  is  about  twice  the  amount  required  before  the  war.  It  is 
supposed  that  the  large  amounts  which  are  suspended  in  the  hands  of 
public  officers  and  in  transit,  will  call  for  a  much  larger  amount  of  cir 
culation  than  in  time  of  peace.  Moreover,  after  so  large  an  expansion,  it 
would  be  unwise  to  contract  the  currency  in  a  compass  as  small  as  its 
natural  bounds.  In  order,  also,  to  prevent  the  evils  incident  to  too  rapid 
a  contraction,  it  is  proposed  that  the  two  hundred  millions  of  new  cur 
rency  shall  be  issued  from  time  to  time  during  the  period  of  contraction, 
and  only  in  substitution  of  that  called  in  ;  so  that  when  the  1st  of  April 
shall  arrive,  at  which  time  the  old  circulation  shall  become  uncurrent, 
there  may  be  a  new  currency  to  take  its  place.  It  may  be  added  that  if 
the  contraction  should  become  too  stringent  the  banks  will  be  able,  and 
will  probably  find  it  expedient  to  relieve  the  pressure  by  the  re-issue  of 
their  own  notes. 

Such  are  the  inducements  which  are  offered  to  recommend  the  consoli 
dated  loan  to  public  favor.  They  are  so  large  and  beneficial  that  they 
will,  in  all  probability,  secure  its  success.  Unfortunately,  the  conse 
quences  of  failure  are  so  perilous  to  the  public  welfare  that  nothing  can 
be  left  at  risk.  Even  the  time  which  will  be  consumed  in  the  effort  to 
procure  voluntary  subscription  cannot  be  recovered  in  case  of  failure. 
The  measures  of  prevention  must,  therefore,  accompany  the  invitation  to 


APPENDIX.  469 

voluntary  action.  They  will  be  harmless  and  inoperative  if  not  required ; 
absence  of  them  would  be  ruinous,  if  the  occasion  for  them  should  arise. 

5.  We  come,  therefore,  next  to  consider  the  measure  which  limits  the 
time  within  which  the  notes  must  be  brought  in  for  redemption,  or  be  de 
barred  the  privilege  of  being  circulated  as  currency  or  received  for  public 
dues. 

It  cannot  be  denied  that  this  provision  infringes  upon  two  of  the  rights 
which  are  created  by  the  contract.  The  note  itself  is  a  simple  promise 
to  pay  a  sum  of  money  two  years  after  a  ratification  of  a  treaty  of  peace. 
The  promise  being  to  bearer,  the  note,  by  operation  of  law,  became  nego 
tiable  by  mere  delivery.  Its  currency  as  money  is,  therefore,  not  a  part 
of  the  express  contract,  though  it  was  clearly  implied;  and  Congress  has 
constantly  refused  to  make  the  currency  of  the  notes  obligatory  by  re 
jecting  every  proposal  to  make  them  a  legal  tender.  Interference,  there 
fore,  with  this  portion  of  the  contract,  affects  no  right  of  the  people  as 
between  each  other ;  it  is,  without  doubt,  however,  a  direct  interference 
with  the  contract  implied  between  the  government  and  the  holder,  when 
the  note  was  taken.  Besides  this,  there  is  a  direct  infringement  of  the 
express  contract  of  the  government  to  receive  the  notes  in  payment  of 
public  dues. 

These  positions  being  clear,  upon  what  ground  is  it  justifiable  to  pass 
them  by? 

Let  us  consider  the  measure  which  it  is  proposed  to  adopt.  The  gov 
ernment  has  provided  a  fund  as  nearly  equal  to  specie  as  is  within  its 
power.  It  advertises  that  it  will  pay  every  treasury  note  from  this  fund, 
if  presented  within  ninety  days  ;  and  it  is  only  in  case  of  default,  that  it 
postpones  the  acceptance  of  the  notes  until  after  the  war.  Test  the  prin 
ciple  by  supposing  the  payment  was  actually  to  be  made  in  coin.  Sup 
pose  the  government  should  advertise  in  the  same  form,  and  should  ac 
tually  pay  every  holder  who  came  in.  Would  it  be  deemed  unjust  to 
postpone  those  who  refused  to  come  in  and  accept  payment?  Could  the 
government  in  such  case  be  justly  charged  with  the  want  of  good  faith  ? 
and,  if  not,  then  the  question  becomes  one  not  of  good  faith,  but  of  the 
difference  of  value  between  bonds  payable  in  specie  with  interest  cou 
pons  received  as  specie,  and  specie  itself.  In  the  worst  possible  view,  it 
is  only  an  offer  by  a  debtor,  to  pay  down  his  debt  in  the  best  securities 
he  has,  or  to  postpone  the  actual  payment  until  better  times ;  and  such 
an  offer  has  never  been  deemed  inconsistent  with  justice  or  honesty. 

The  reasons  which  induce  the  measures  proposed,  will,  it  is  believed, 
present  a  complete  justification  of  them. 

1.  The  first  which  will  be  considered  is  that  unless  the  action  proposed 
or  something  similar  to  it  be  immediately  taken,  the  value  of  the  notes 
will  be  extinguished.  The  country  is  engaged  in  a  war  which  involves 
the  security  of  all  property  and  the  safety  of  every  family.  To  carry  it 


470      REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

on  it  has  been  obliged  to  issue  notes,  and  unless  a  substitute  is  imme 
diately  found,  the  continuance  in  this  course  will  destroy  the  value  of 
every  note  already  issued.  The  measures  proposed  are  intended  to  save 
the  notes,  and  nothing  short  of  them  will  have  that  effect.  If  some  other 
mode  could  be  devised,  if  a  tax,  or  any  other  means  of  relief  could  be 
found,  it  would  be  preferred.  But  they  are  all  inadequate,  and  the  gov 
ernment  finds  itself  unable  to  comply  with  the  letter  of  its  engagement. 
It  endeavors,  then,  to  comply  with  .its  spirit.  It  tenders  the  creditor 
payment  of  its  debt  before  it  is  due  in  a  security  of  greater  value.  It 
gives  him  time  to  accept  the  payment,  and,  if  he  should  prefer  to  retain 
the  obligation,  it  allows  the  alternative  upon  the  simple  condition  that 
he  shall  forego  the  privilege  of  demanding  payment  until  after  the  war. 
It  does  exactly  what  an  honest  debtor  in  distress  is  bound  to  do,  it  recog 
nizes  its  debt,  offers  the  best  security  for  payment  in  its  power,  and  asks 
for  time.  This,  in  plain  terms,  is  the  proposal  of  the  government ;  and  if 
it  were  the  case  of  an  individual,  his  creditors  would  meet,  and,  as  a  body, 
would  accept  his  offer.  In  the  case  of  the  public  the  creditors  cannot 
meet.  But  they  have  representatives  who  can.  The  Congress  represents 
the  people  as  well  as  the  government,  and,  although  it  may  be  difficult  to 
act  for  both  parties,  yet  it  is  not  difficult  to  ascertain  the  claims  of  jus 
tice,  and  Congress  is  the  proper  tribunal  to  adjust  them.  Their  judg 
ment  in  the  matter  should  stand  as  a  compromise  between  the  parties, 

2.  The  next  reason  which  will  be  considered  is,  that  the  continuance 
of  the  notes  as  a  circulating  medium  to  their  present  extent,  involves  the 
ruin  of  public  and  private  credit,  and  will  deprive  the  government  of  the 
means  of  defending  the  lives  and  property  of  its  citizens.  If  the  currency 
remains  in  its  present  expanded  state,  no  measure  of  relief  can  be  made 
effectual.  Prices  must  advance,  and  the  means  of  the  government  to 
pay  these  prices  must  daily  loose  efficiency.  Taxes  become  fruitless,  by 
reason  of  the  depreciation  of  the  money.  The  army  can  neither  be  paid, 
clothed  nor  fed ;  arms  and  munitions  of  war  can  no  longer  be  supplied ; 
the  officers  of  the  government  cannot  be  supported,  and  the  country 
must  succumb.  Calamities  so  disastrous  must  certainly  be  averted  by 
every  means  within  the  power  of  the  government.  No  contract,  how 
ever  solemn,  can  require  national  ruin ;  and,  in  such  case,  the  maxim 
must  prevail  that  the  public  safety  is  the  supreme  law. 

The  objection  to  these  measures  of  compulsion  is  greatly  modified  by 
the  certainty  that  but  a  small  portion  of  the  notes  will  be  brought  under 
their  influence.  The  inducements  to  the  loan  are  so  many  that  the 
greater  part  of  the  currency  will  be  voluntarily  converted ;  and  the  true 
question  is,  whether  the  fraction  which  remains  shall  be  permitted  to 
gain  an  undue  advantage  over  the  rest,  and  to  defeat  the  greater  public 
interest,  which  are  involved  in  the  withdrawal  of  the  entire  amount. 

These  measures,  it  will  be  perceived,  contemplate  a  permanent  finan 
cial  policy,  capable  of  expanding  to  suit  the  future  wants  of  the  govern- 


APPENDIX.  471 

ment.  It  is  obviously,  therefore,  of  the  utmost  importance  that  the  ulti 
mate  payment  of  the  bonds  now  issued,  and  of  those  which  may  be  added, 
should  be  completely  secured.  Confidence  is  one  of  the  largest  elements 
which  enter  into  public  credit,  and  in  this  case  the  means  are  at  hand  to 
secure  it.  The  South  is  in  possession  of  products  which  are  desired  by 
the  whole  world. 

For  at  least  five  years  after  peace,  the  demands  for  these  products  will 
probably  so  far  exceed  the  supply,  that  a  duty  on  exports  would  fall  upon 
the  consumer.  For  the  five  years  following,  the  usual  contest  between 
producer  and  consumer  will  possibly  divide  the  burthen  ;  but  the  neces-- 
sities  of  the  country  offer  a  controlling  reason  for  the  continuance  of  the? 
duty.  To  this  may  be  added  a  certain  portion  of  the  duties  on  imports"; 
and  the  two  together,  if  now  pledged  to  a  sufficient  extent,  would  provide 
an  adequate  security  for  the  payment  of  the  debt.  Assuming  that,  when 
trade  is  re-established,  we  shall  have  the  same  products  to  export,  and, 
in  a  few  years  thereafter,  the  same  quantity  to  sell,  our  exports  and  im 
ports  may  each  be  set  down  at  three  hundred  millions.  Any  export  duty 
of  ten  per  cent,  on  all  products  of  the  field  and  forest  would,  upon  this 
assumption,  produce  thirty  millions  annually ;  and,  if  an  equal  portion 
of  the  duties  on  imports  be  added,  the  aggregate  would  be  sufficient  to 
pay  the  whole  interest  of  the  debt.  If  Congress  would  now  pass  a  law  to 
tl^s  effect,  as  it  is  perfectly  competent  to  do,  the  public  credit  would  in 
stantly  revive,  and  probably  to  such  a  degree  as  to  render  inoperative 
the  measures  of  constraint  which  have  been  recommended. 

The  guaranty  which  it  would  afford  to  the  bonds  of  the  consolidated 
loan,  would  induce  a  prompt  exchange  for  them  of  all  other  securities, 
except,  probably,  the  fifteen-million  loan,  which  is  already  protected  by  a 
similar  pledge.  An  exchange  of  the  one-hundred-million  loan  will,  of  it 
self  cause  an  annual  saving  of  $2,000,000,  and,  if  to  this  be  added  the  sav 
ing  which  would  be  made  on  other  portions  of  the  public  debt,  the  sum 
total  will  be  about  five  and  a  half  millions.  The  annual  saving  of  this 
sum  certainly  presents  another  strong  inducement  to  the  immediate  en 
actment  of  the  proposed  law. 

Such  a  law  would  still  leave  unpledged  such  other  taxes  and  import 
duties  as  it  may  be  found  expedient  to  levy,  and  which  will  furnish  a  suf 
ficient  and  appropriate  means  of  supporting  the  government,  and  of  dis 
charging  the  principal  of  the  public  debt. 

Thus  a  system  of  properly  adjusted  measures  would  be  set  in  action, 
which  would  secure  the  public  credit,  and  enable  us  to  carry  on  the  war 
with  energy  and  success. 

In  case,  however,  there  should  be  any  doubt  as  to  the  efficiency  of  the 
plan  in  raising  the  supplies  required  for  the  ensuing  year,  two  further 
measures  of  relief  may  be  added.  It  is  possible  that  the  severe  contrac 
tion  attending  a  reduction  of  the  currency  to  two  hundred  millions,  may 
limit  the  sale  of  the  bonds  after  the  effect  of  such  contraction  shall  be 


472       REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

fully  felt.  It  may,  on  that  account,  be  necessary,  for  a  time,  to  sell  the 
bonds  below  par,  to  supply  any  deficiency  in  the  means  of  the  Treasury. 
I  would,  therefore,  suggest  as  a  measure  of  precaution,  that  such  a  power 
should  be  granted  to  the  Secretary  of  the  Treasury.  Another  measure 
of  similar  character  could  be  provided  by  authorizing  certificates  of  in 
debtedness,  payable  after  the  war,  to  be  issued  in  part  payment  of  sup 
plies  necessary  for  the  army.  It  is  not  probable  that  either  of  these 
measures  will  be  required.  Still  it  is  a  wise  precaution  that  they  should 
be  provided  for  any  case  of  necessity. 

The  large  issue  of  bonds  which  is  called  for  by  these  measures,  together 
with  the  new  issue  of  treasury  notes,  present  a  field  of  labor  amply  suffi 
cient  to  occupy  the  attention  of  another  bureau  officer.  I  would  respect 
fully  renew  the  recommendation  heretofore  made  of  establishing  a  sepa 
rate  bureau  for  the  issue  of  bonds  and  notes,  and  for  taking  charge  of  all 
the  arrangements  connected  with  such  issues. 

The  number  of  coupons  which  will  be  required  is  so  great  that  unless 
they  are  allowed  to  be  prepared  by  machinery  the  delay  in  getting  out  the 
bonds  will  be  very  great.  The  same  difficulty  attends  the  notes  issued  as 
currency.  The  number  of  persons  who  are  necessarily  employed  to  sign 
notes  renders  the  signatures  of  no  value  in  detecting  counterfeits.  No  one 
can  become  acquainted  with  all  the  signatures,  and  but  few  of  the  officers 
know  even  the  names  of  the  signers.  The  genuineness  of  each  note  must 
be  determined  by  the  plate  and  not  the  signatures.  I  renew,  therefore, 
my  recommendation  that  the  notes  and  coupons  may  be  issued  with  en 
graved  signatures,  under  such  precaution  as  experience  may  advise. 

In  connection  with  this  subject  I  would  respectfully  bring  to  the  atten 
tion  of  Congress  the  inequality  which  has  arisen  between  the  bonds  and 
registered  stock  of  the  fifteen-million  loan  An  export  duty  on  cotton  was 
imposed  to  pay  the  principal  and  interest  of  this  loan,  and  the  coupons  of 
the  bonds  were  authorized  to  be  received  in  payment  of  that  duty.  The 
registered  stock,  having  no  coupons,  did  not  enjoy  this  advantage,  and  the 
result  has  been  a  difference  of  as  much  as  fifty  per  cent,  between  the  two 
portions  of  the  same  loan.  This  inequality  can  be  remedied  by  authoriz 
ing  the  Secretary  of  the  Treasury  to  cause  checks  to  be  issued  for  the  in 
terest  as  it  accrues  semi-annually  upon  the  stock,  and  allowing  these 
checks  to  be  received  for  the  duty  in  the  same  manner  as  the  coupons.  It 
will  be  necessary  to  add  a  few  precautions  for  preventing  the  frauds  and 
forgeries  to  which  such  checks  would  be  exposed,  all  of  which  could  be 
adjusted  by  regulations  of  this  department. 

The  report  of  the  Commissioner  of  Taxes,  herewith  submitted,  will  ex 
hibit  the  details  of  the  war  tax  of  August,  1861,  and  of  the  taxes  the  pres 
ent  year,  as  far  as  progress  has  been  made.  The  tax  of  1861  had  been 
actually  collected  from  the  people  in  only  three  States — South  Carolina, 
Mississippi  and  Texas.  In  the  other  States  the  tax  was  paid  by  the  State 
governments.  Assessments  were  actually  made  in  only  ten  of  the  States, 


APPENDIX.  473 

and  the  results  are  exhibited  in  the  schedules  annexed  to  the  report.  The 
total  value  of  the  property  assessed  is  four  thousand  two  hundred  and 
twenty  millions,  of  which  real  estate  is  set  down  at  one  thousand  three 
hundred  and  ninety-three  millions,  and  slaves  at  one  thousand  four  hun 
dred  and  eighty  millions.  The  total  amount  of  the  tax  assessed  is 
$21,142,662,  of  which  $19,418,393  have,  been  collected,  leaving  a  balance  un- 
collected  of  $2,044,275.  Of  this  balance  $705,233  is  absorbed  by  an  unad 
justed  difference  in  assessment  claimed  by  the  State  of  Tennessee,  and  a 
large  portion  of  the  remainder  is  due  in  counties  overrun  by  the  public 
enemy.  The  amounts  actually  collected  have  been  paid  over  by  the  col 
lectors  with  commendable  exactness  and  punctuality. 

The  tax  imposed  at  the  last  session  of  Congress  is  now  being  rapidly  col 
lected.  From  present  "appearances  the  Commissioner  estimates  its  prob 
able  collections  at  one  hundred  millions  in  money,  and  he  reports  that  it 
is  paid  with  general  cheerfulness  and  alacrity.  The  novelty  of  many  of  the 
provisions  of  the  law  has  given  rise  to  questions  which  are  presented  in 
detail  in  the  report  of  the  Commissioner,  to  which  I  respectfully  invite 
your  attention. 

The  report  of  the  chief  clerk  for  the  produce  loan  and  agency  for  the 
purchase  of  cotton  and  tobacco,  herewith  submitted,  will  exhibit  the  de 
tails  of  that  branch  of  the  department. 

The  general  results  are,  that  the  whole  amount  of  subscriptions  real 
ized  from  the  produce  loan  is  $32,758,875,  and  that  there  yet  remains 
uncollected  about  $12,268,080.  This  is  a  large  proportion  of  the  whole 
amount,  and  the  greater  part  is  probably  due  from  persons  whom  the 
calamities  of  war  and  the  destruction  of  property  have  deprived  of  the 
means  of  meeting  their  engagements.  There  are  many  others,  however, 
who  may  have  been  tempted  by  the  high  prices  to  neglect  their  engage 
ments,  and  to  reach  these  it  is  proposed  by  the  chief  clerk  to  publish  the 
lists  in  the  neighborhoods  where  they  were  subscribed.  The  measure  is 
submitted  for  the  consideration  of  Congress. 

The  purchases  of  cotton  made  under  the  act  of  April  30, 1863,  amount  to 
399,753  bales  at  the  date  of  the  reports  last  received  at  a  cost  of  $30,314,- 
769.  The  average  price  paid  was  $16.85  per  pound,  exclusive  of  Sea 
Island  cotton  ;  the  lowest  price  being  6)^  and  the  highest  3Q%  ;  and  five- 
sixths  of  the  entire  purchase  money  have  been  paid  in  bonds.  The  diffi 
culty  of  procuring  reports  in  detail  from  the  agents  in  Louisiana,  Missis 
sippi,  Arkansas  and  Texas,  has  prevented  a  precise  return  of  the  cotton 
which  has  been  destroyed;  but  from  the  estimates  made  by  each  of 
them  it  may  be  assumed  that  the  entire  loss  is  not  more  than  30,000 
bales.  To  this  must  be  added  several  thousand  bales  used  for  military 
and  naval  defenses ;  and  also  several  thousand  more  turned  over  to  the 
ordnance  and  quartermaster's  departments  to  fulfil  contracts  for  sup 
plies,  and  also  for  shipments  made  by  the  Treasury  Department.  The 
whole  of  these  deductions  may  be  set  down  at  70,202  bales,  leaving  on 


474      REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

hand  an  aggregate  of  about  329,500  bales.  Of  this  amount  about  30,000 
bales  are  stored  in  warehouses  in  cities,  and  the  remainder  in  cotton 
houses  on  the  plantations  where  they  have  been  purchased. 

The  time  which  has  elapsed  since  much  of  this  cotton  was  purchased 
has  damaged  the  rope  and  bagging  of  a  portion  thereof ;  and  the  aid  of 
Congress  is  asked  in  procuring  the  means  of  renewing  it.  I  had  hoped 
that  the  skill  of  our  people  would  discover  a  substitute  for  rope  and  bag 
ging,  and  probably  an  offer  of  a  reward  for  the  best  plan  would  produce 
beneficial  results.  If  resort  must  be  had  to  foreign  supplies,  the  plan, 
which  may  be  adopted  to  ship  the  cotton,  will  furnish  the  means  of  im 
porting  the  rope  and  bagging,  and  in  either  view,  it  will  be  necessary  to 
make  an  appropriation  to  cover  the  expense. 

The  amount  of  tobacco  purchased  is  two  thousand  and  ninety  hogs 
heads,  costing  $772,846,  at  an  average  of  twenty-nine  cents  per  pound. 
These  various  purchases  have  nearly  exhausted  the  appropriation  of 
thirty-five  millions  made  by  the  act  of  20th  April,  1863.  In  order  to  meet 
the  objects  stated  in  other  reports,  if  these  objects  are  approved,  it  will 
be  necessary  to  increase  the  stock  in  the  hands  of  the  government  by  an 
additional  appropriation  of  at  least  the  same  amount  heretofore 
appropriated. 

The  collection  of  the  tax  in  kind  on  cotton  and  tobacco  has  been 
deemed  so  germain  to  the  business  of  this  branch  of  the  department, 
that  I  have  made  arrangements  for  uniting  them.  Wherever  cotton  is 
collected  it  is  to  be  turned  over  to  the  chief  agents  already  ap 
pointed  in  each  of  the  cotton  States.  The  same  plan  is  pursued 
with  tobacco,  and  I  have  appointed  chief  agents  in  the  States  of  Vir 
ginia  and  North  Carolina,  at  a  commission  with  a  maximum  limit  of  four 
thousand  dollars  per  annum.  These  agents  are  to  appoint  subordinate 
agents  in  each  county  for  the  purpose  of  receiving,  sorting,  prizing  and 
preparing  the  same  for  market.  The  details  of  these  processes  require 
much  care  and  attention,  and  the  .constant  supervision  of  a  competent 
officer.  It  appears  also  that  the  parcels  should  not  be  delivered  as  early 
as  the  month  of  March,  as  now  required  by  law,  and  it  will  be,  therefore, 
proper  to  extend  this  period.  The  compensation  of  these  subordinate 
agents  has  not  yet  been  adjusted,  owing  to  the  department  not  having 
sufficient  information  as  to  their  duties. 

The  cotton  interest  bonds  will  naturally  fall  within  the  management  of 
this  division  of  the  Treasury  Department,  and  it  is  proposed  that  they 
shall  take  that  course.  It  is  not  clear  what  was  the  design  of  Congress 
in  authorizing  these  bonds.  The  first  law  passed  was  in  connection  with 
the  funding  act,  and  the  coupons  were  thereby  made  payable  at  the 
option  of  the  holder  of  the  bond  in  coin,  or  cotton  valued  at  eight  pence 
sterling  per  pound.  The  object  of  this  law  was  obviously  to  provide 
means  of  raising  money  abroad ;  and  after  it  was  passed  I  recommended 
that  the  rate  at  which  the  cotton  was  to  be  taken  should  be  reduced  to 


APPENDIX.  475 

six  pence,  or  the  average  price  at  Liverpool  before  the  war.  At  this  rate 
purchasers  could  have  been  procured  at  any  time  before  the  fall  of  Vicks- 
burg. 

The  amendment  which  was  made  to  the  law  by  Congress  reduced  the 
price  as  proposed,  but  shifting  the  option  of  being  paid  in  cotton  from  the 
purchaser  to  the  government  This  converted  the  bond  in  the  view  of  a 
European  purchaser  into  a  simple  six  per  cent,  money  bond,  with  the  in 
terest  payable  here.  The  absence  of  the  right  to  require  cotton  for  the 
bonds  took  away  their  availableness  in  the  foreign  market.  On  the  other 
hand,  the  option  which  they  allowed  the  holder  to  receive  cotton  at  six 
pence,  when  it  was  selling  at  three  or  four  times  that  price,  made  the  ope 
ration  very  unfavorable  for  the  government,  unless  the  bonds  were  sold 
at  a  large  advance.  For  this  reason  I  deemed  it  my  duty,  after  due  ex 
planation  of  the  nature  of  the  bonds,  to  advertise  for  bids  ;  and  as  an  ex 
periment  I  accordingly  offered  five  millions.  The  bids  ranged  at  various 
rates  from  par  up  to  one  hundred  per  cent. 

I  accepted  all  the  bids  at  and  over  fifty  per  cent,  premium,  and  issued 
a  second  advertisement.  The  bids  which  were  offered  in  both  cases, 
were  far  beloXv  the  amount  of  bonds  offered  for  sale.  But  those  bids 
which  came  from  persons  of  known  intelligence  and  patriotism,  indicated 
that  fifty  per  cent,  was  the  probable  value  of  the  bonds.  I,  therefore, 
adopted  that  rate,  and  authorized  sales  to  be  made  accordingly.  These 
sales  have  been  made  to  a  very  limited  extent,  chiefly  because  it  was  be 
lieved  that  the  blockade  would  prevent  the  shipment  of  any  cotton  to  be 
received  in  payment.  This  impediment  was  so  serious,  that,  in  the  judg 
ment  of  men  of  business,  even  a  reduction  of  the  price  of  bonds  to  par 
would  not  induce  large  sales. 

The  scheme  of  finance  hereinbefore  proposed,  will,  if  adopted,  render 
unnecessary  any  other  effort  to  call  in  the  currency.  These  cotton  bonds 
will,  therefore,  not  be  required  for  that  purpose,  and,  as  they  are  not 
available  to  raise  funds  abroad,  I  recommend  that  the  law  authorizing 
their  issue  be  repealed. 

I  must  again  ask  your  attention  to  the  necessity  of  increasing  the 
compensation  of  the  treasurer,  assistant  treasurers,  depositaries  and 
clerks  attached  to  each  of  them.  Each  of  thes^e  officers  discharge  the  du 
ties  of  a  bank,  and  its  officers  must  have  qualifications  which  would  fit 
them  to  discharge  like  offices  in  banks.  Such  qualifications  cannot  be 
commanded  unless  at  the  same  rate  of  compensation  paid  by  banks. 
Congress  has  limited  the  salary  of  a  teller  in  these  offices  to  $1,200, 
where  $3,500  is  paid  for  like  services.  The  result  is,  that  the  government 
cannot  procure  competent  men  to  do  its  work.  "With  the  higher  officers 
the  difficulties  are  greater.  Several  of  those  in  office  desire  to  retire,  and 
it  has  been  found  impracticable  to  procure  competent  successors.  These 
embarrassments  are  greatly  increased,  when  we  come  down  to  the  rank 
and  file  of  the  clerks.  The  amount  of  their  salaries  does  not  furnish 


476      REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

them  with  support,  and  it  is  distressing  to  know  the  suffering  which 
some  of  them  encounter.  I  trust  that  the  measures  recommended  for 
the  relief  of  the  currency  will  remedy  the  evil ;  but,  until  these  measures 
can  be  brought  into  action,  these  clerks  will  be  sadly  straightened  to  sup 
port  themselves  and  their  families.  I  would,  therefore,  respectfully 
recommend,  as  a  temporary  means  of  relief,  that  they  be  allowed 
to  draw  from  the  commissary's  stores  in  the  same  manner  as  if  they 
were  detailed  on  duty  in  the  army. 

The  various  estimates  and  schedules,  which  contain  details  of  the  gen 
eral  statements  above  made,  are  hereunto  appended,  together  with  a  re 
port  of  the  proceedings  of  a  convention  of  banks  at  Augusta,  Ga.,  which  I 
have  been  requested  by  it  to  submit  to  your  consideration. 

All  of  which  is  respectfully  submitted. 

C.  G.  MEMMINGER, 
Secretary  of  the  Treasury. 


APPENDIX.  477 


CONDITION  OF  TREASURY,  APRIL  1,  1864. 


TREASURY  DEPARTMENT, 

CONFEDERATE  STATES  OF  AMERICA,  Richmond,  May  2, 1864. 
Hon.  Thomas  S.  Bocock,  Speaker  of  House  of  Representatives: 

SIR, — I  have  the  honor  to  submit  the  following  report  of  the  condition 
of  this  Department  on  the  1st  of  April,  1864 : 

The  receipts  into  the  Treasury  for  the  two  quarters  ending  on  that  day 
are  as  follows : 

4  per  cent,  call  certificates,  act  March  23,  1863 $     1,343,000  00 

4  per  cent,  coupon  bonds,  act  March  23, 1863 40,473  90 

4  per  cent,  registered  stock,  act  February  17, 1864 250,000,00000 

5  per  cent,  call  certificates,  act  March  23, 1863 38,812,500  00 

6  per  cent,  bonds  and  stocks,  act  March  23, 1863 12,043,000  00 

7  per  cent,  bonds  and  stocks,  act  February  20, 1863  ....        2,361,300  00 

8  per  cent,  registered  stock,  act  May  16,  1861 190,100  00 

8  per  cent,  bonds,  act  August  19, 1861 26,650  00 

8  per  cent,  bonds  and  stocks,  act  February  20,  1863  ....        2,194,600  00 
6  per  cent,  cotton  interest  bonds,  act  April  30,  1863  ....        6,160,000  00 

Premium  on  same 2,815,000  00 

War  tax 59,406,724  01 

Treasury  notes 265,690,928  50 

Sequestration 3,000,787  37 

Repayments  by  disbursing  officers 42,772,222  42 

Customs .  .   .    •    • 441,094  32 

Overseers'  exemption  and  tax  on  non-combatants 595,036  95 

Export  duty  on  cotton 14,322  50 

Patent  fund 26,957  00 

Interest  on  loans 4,208  71 

Deposited  under  12th  section  act  Feb'y  17,  1864,  by  States,         471,300  00 
Deposited  under  eighteenth  section  act  February  17, 1864  .          367,600  00 
Miscellaneous 2,615,475  55 

Total $691,393,281  23 

The  expenditures  during  the  same  period  are  as  follows : 

War  Department $238,572,374  25 

Navy 10,853,723  27 

Customs 26,325  93 

Civil,  miscellaneous,  and  foreign  intercourse 5,611,299  00 

Public  debt 128,046,836  59 

$383,110,559  04 


Balance  in  Treasury $308,282,722  19 


478       REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

This  balance  is  made  up  as  follows : 

Notes  funded  and  on  hand  for  cancellation $250,000,000  00 

Notes  returned  by  disbursing  officers 42,000,000  00 

Balance  cash  in  hand,  about 16,000,000  00 


The  public  debt  on  the  1st  April,  1864,  was  as  follows : 

FUNDED. 

Act  February  28, 1861,  8  per  cent $15,000,00000 

Act  May  16, 1861,  8  per  cent 8,891,70000 

Act  August  19, 1861,  8  per  cent 100,000,00000 

Act  April  12, 1862,  8  per  cent 3,182,850  00 

Act  February  20, 1863,  8  per  cent • 95,763,700  00 

Act  February  20,  1863,  7  per  cent 66,318,550  00 

Act  March  23,  1863,  6  per  cent 11,646,200  00 

Act  April  30, 1863,  6  per  cent 8,393,000  00 

To  which  must  be  added  the  following  call  certificates 
outstanding,  to-wit : 

Act  December  24, 1861,  6  per  cent $40,439,170  00 

Act  March  23, 1863,  4  per  cent 1,825,000  00 

Act  March  23, 1863,  5  per  cent 72,074,100  00 

114,338,270  00 

7.30  interest-bearing  treasury  notes 99,996,400  00 

Total $523,530,670  00 


UNFUNDED. 

Act  March  9, 1861,  interest  notes  $3.65 $       534,500  00 

Act  May  16, 1861,  two-year  notes 8,204,575  00 

Act  August  19, 1861,  general  currency 154,356,631  00 

Act  April  17, 1862,  denomination  $1  and  $2 4,516,509  00 

Act  October  13, 1862,  general  currency 118,997,321  50 

Act  March  23, 1863,  general  currency 511,182,566  50 


Total $797,792,103  00 

From  this  is  to  be  deducted  the  amount  of  repayments  of 
old  currency  by  disbursing  officers,  and  also  the  amount 
of  notes  received  for  4  per  cent,  certificates,  which  are  in 
the  Treasury  awaiting  cancellation 292,000,000  00 

$505,792,103  00 


The  balances  of  appropriations  not  drawn  on  1st  April,  1864,  were : 

War  Department $502,329,110  21 

Navy  Department 33,046,775  79 

Civil  and  miscellaneous,  including  customs 72,865,683  39 

Total $608,241,569  39 


APPENDIX  479 

The  estimates  submitted  by  the  various  departments  for  the  support  of 
the  government  to  the  end  of  the  calendar  year,  say  31st  December,  1864, 
are  as  follows : 

Legislative $       245,625  00 

Executive,  salary  of  President,  etc .   .   .  37,350  00 

Treasury  Department •    •   .   .  22,508,462  50 

War  Department •   • 483,131,598  00 

Navy  Department 10,059,923  78 

State  Department 44,914  00 

Department  of  Justice 347,991  58 

Postoffice  Department  ....       165,583  40 

Total $516,541,448  26 


The  foregoing  statements  show  that  the  estimates  in  December  last  for 
the  six  months  ending  July  1,  1864,  are  greatly  beyond  the  requirements 
of  the  government.  It  appears  from  them  that  the  whole  expenditure  for 
all  branches  of  the  government  for  the  six  months  ending  April  1, 1864, 
amounted  to  $255,563,722,  and  that  the  unexpended  balance  then  standing 
to  the  credit  of  appropriations  was  $608,241,569.  The  anticipated  tax  upon 
the  currency,  which  was  to  accrue  on  the  1st  of  April,  doubtless  kept  back 
requisition  for  debts  accruing  since  the  17th  of  February,  when  the  tax 
act  was  passed.  It  would  be  proper,  therefore,  to  add,  for  this  item,  about 
seventy-five  millions  to  the  expenditure.  The  total  expenditure  for  the 
six  months  would  then  be  about  three  hundred  and  thirty  millions,  and 
the  balance  to  the  credit  of  undrawn  appropriations  would  be  about  $523,- 
000,000. 

These  figures  establish  the  conclusion  that  the  money  appropriated  for 
the  six  months  ending  July  1,  1864,  will  not  be  required,  and  that  the  ex 
cess  may  be  applied  to  diminish  the  appropriations  required  for  the  six 
months  ensuing  the  1st  of  July,  1864.  It  appears  that  the  monthly  ex 
penditures,  at  the  outside,  average  about  fifty-four  millions,  and  conse 
quently  for  the  three  months  to  ensue  from  April  1  to  July  1, 1864 — 

The  proper  expenditure  of  those  three  months  would  be  ...  $162,000,000 
But  to  this  must  be  added  the  item  already  explained  of 
amount  of  debts  suspended  on  account  of  the  anticipated 
tax  on  the  currency,  say •    ....      75,000,000 

This  aggregate $237,000,000 

Deducted  from  the  total  balance  of  undrawn  appropriations  .    608,241,569 

Leaves  this  balance , $371,241,509 

available  for  expenditures  for  six  months  beyond  July  1, 1864. 

It  should  further  be  observed  that  the  estimates  submitted  by  the  de 
partments  are  made  with  relation  to  the  present  rate  of  prices.  If  that 
rate  can  be  reduced  a  corresponding  reduction  could  be  made  in  themselves. 


480        REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. ' 

The  first  and  most  important  inquiry,  therefore,  is  as  to  the  probability 
of  a  reduction  of  prices.  All  the  financial  measures  proposed  to  and 
adopted  by  the  last  Congress  looked  to  this  result.  The  scheme  offered  by 
the  Secretary  of  the  Treasury  and  that  adopted  by  Congress  both  sought  by 
different  means  to  effect  the  same  object.  Which  of  the  two  would  have 
proved  most  successful  it  would  serve  no  useful  purpose  to  consider.  It 
is  the  plain  duty  of  the  government  to  execute  the  scheme  adopted  by 
Congress,  and  every  effort  has  been  directed  to  its  successful  prosecution. 
It  is  yet  too  early  to  perceive  all  the  results  which  it  will  effect,  but  it  is 
quite  clear  already  that  the  reduction  of  the  currency  which  it  will  pro 
duce  is  great  and  decided. 

On  the  1st  of  April,  when  the  reduction  was  to  commence,  the  whole 
issue  of  general  currency  (represented  by  the  treasury  notes  bearing 
no  interest)  amounted  to  about  eight  hundred  millions.  Of  this  amount 
fifty  millions  were  probably  at  the  credit  of  the  different  disbursing  offi 
cers  throughout  the  Confederacy,  leaving  seven  hundred  and  fifty  mill 
ions  as  the  actual  circulation.  Of  this  amount,  about  two  hundred  and 
fifty  millions  have  been  funded  east  of  the  Mississippi ;  and  it  may  fairly 
be  presumed  that  fifty  millions  more  will  be  funded  west  of  the  Missis 
sippi  ;  thus  leaving  in  circulation  four  hundred  and  fifty  millions.  The 
depositaries  were  directed  to  discriminate  in  their  reports  between  the 
notes  of  one  hundred  dollars,  and  those  under  one  hundred  which  have 
been  funded.  Only  a  few  of  them  have  made  reports  in  which  this  di 
rection  have  been  complied  with,  most  probably  from  want  of  time  to 
separate  notes.  But  those  few  are  in  the  cities  where  the  hundred  dol 
lar  notes  would  be  likely  to  accumulate.  They  disclose  the  remarkable 
fact  that  less  than  one-half,  in  some  cases  not  more  than  one-third,  of 
the  notes  funded  are  one  hundred  dollar  notes.  It  may  be  assumed, 
therefore,  that  not  more  than  one-half  of  the  whole  amount  funded  con 
sists  of  one  hundred  dollar  notes.  By  the  terms  of  the  currency  act, 
these  notes  are  thrown  out  of  circulation  after  April  1st,  and  are  taxed 
ten  per  cent,  per  month  until  extinguished.  It  is  important,  therefore, 
to  ascertain  the  amount  of  those  now  outstanding. 

The  whole  amount  of  one  hundred  dollar  notes,  issued  to  the  1st  of 
April,  1864,  was  three  hundred  and  eighteen  millions.  It  is  probable  that 
of  the  fifty  millions  of  dollars  remaining  at  that  date  to  the  credit  of  dis 
bursing  officers,  a  large  proportion  is  represented  by  these  notes,  say 
forty  millions,  thus  leaving  two  hundred  and  seventy-eight  millions  of 
them  in  circulation.  Deduct  from  this  sum  one-half  of  the  total  amount 
funded,  which,  as  already  stated,  consists  of  one  hundred  dollar  notes  to 
wit:  one  hundred  and  fifty  millions,  and  there  are  left  unfunded  one 
hundred  and  twenty-eight  millions  of  these  notes.  This  sum,  therefore, 
constitutes  that  remainder  whose  amount  we  have  been  seeking,  and  is 
to  be  deducted  from  the  four  hundred  and  fifty  millions  left  as  the  entire 
circulation  after  the  funding.  The  result  is  that  the  whole  currency 


APPENDIX.  481 

would  then  stand  at  three  hundred  and  twenty-two  millions.  Deduct 
from  this  balance  the  tax  of  one-third  which  is  imposed  by  the  currency 
act,  and  the  actual  currency  left  in  circulation  is  two  hundred  and  four 
teen  millions  and  a  fraction. 

It  is  only  necessary  for  the  public  mind  to  apprehend  fully  this  state 
of  things,  and  it  would  seem  impossible  to  avoid  a  great  and  sudden  fall 
of  prices.  This  fall  has  been  checked  by  the  unfortunate  feature  of 
leaving  the  five  dollar  notes  current.  Sellers,  particularly  of  necessary 
articles,  have  had  the  excuse  of  demanding  an  indemnity  for  the  future 
tax  on  these  notes ;  but  the  time  is  at  hand  when  they  will  share  the 
fate  of  other  notes,  and  the  entire  old  currency  must  disappear.  An 
other  reason  which  has  checked  the  reduction  of  prices  of  articles  of 
prime  necessity  is  the  exoneration  of  the  planting  and  farming  classes 
from  taxes.  They  have  thereby  been  enabled  to  retain  their  products. 
But  when  the  whole  scheme  of  Congress  shall  go  into  full  operation,  say 
1st  of  July,  the  reduction  of  currency  will  be  so  great  that  it  is  scarcely 
possible  that  prices  can  be  maintained  at  existing  rates. 

The  conclusion,  then,  seems  fair,  that  if  the  currency  can  be  restrained 
within  the  limits  to  which  it  has  been  reduced  the  estimates  called  for 
by  the  departments  may  be  greatly  reduced.  This  result  will  depend 
upon  the  extent  to  which  the  new  issue  of  treasury  notes  is  carried. 
The  law  directs  the  issue  of  two  dollars  of  new  notes  for  every  three  dol 
lars  held  in  private  hands,  with  the  exception  of  one  hundred  dollar 
notes  and  notes  under  five  dollars.  It  also  authorizes  the  Secretary  of 
the  Treasury  to  issue  in  the  same  manner  two  dollars  for  every  three 
dollars  received  at  the  Treasury,  under  the  provisions  of  the  currency 
act.  Assuming  the  figures  above  stated  as  probable  estimates  of  the  re 
sult  of  funding,  the  amount  of  new  currency  to  be  issued  for  exchanges 
with  private  parties  will  be  $214,000,000 ;  arid  the  issues  authorized  to  be 
made  for  the  use  of  the  government  would  amount  to  two-thirds  of 
$300,000,000,  or  $200,000,000.  The  aggregate  of  these  two  would  carry  up 
the  currency  again  to  $414,000,000.  This  amount  is  more  than  twice  the 
sum  which  in  previous  reports  I  have  shown  to  be  requisite  for  the  en 
tire  circulation.  "With  such  an  expansion  prices  could  not  be  expected 
to  fall  to  the  proper  standard,  and  the  conclusion  seems  inevitable,  that 
one  or  other  of  these  sources  of  expansion  must  be  restrained.  The  cur 
rency  act  has  distinctly  guaranteed  to  the  holders  of  currency  the  right 
to  receive  new  issues  upon  the  abatement  of  one-third  from  the  old,  and 
this  right  cannot  justly  be  impaired.  It  should  only  be  dealt  with, 
therefore,  by  offering  to  the  holders  of  these  notes  a  security  which  they 
might  prefer  to  the  new  issues.  Possibly,  this  might  be  done  by  giving 
them  an  option  to  exchange  their  notes  for  four  per  cent,  bonds  free  from 
taxation.  This  freedom  from  taxation  would  be  an  equivalent  for  the 
reduction  of  one-third,  to  which  their  notes  had  been  subjected,  and  if 
3' 


482      REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

this  plan  were  accepted  equality  between  these  holders  and  those  who 
had  already  funded  their  notes  in  four  per  cents,  might  be  restored  by 
granting  them  the  privilege  of  exchanging  their  per  cent,  taxable  bonds 
for  untaxable  at  a  reduction  of  one-third.  The  compensation  to  the 
Treasury  would  be  found  in  the  amount  which  would  thereby  be  paid  in 
money,  instead  of  four  per  cent,  bonds,  for  the  taxes  of  the  present  year. 

This  arrangement,  however,  with  individuals,  if  left  as  it  should  be,  to 
their  choice,  would  be  beyond  the  control  of  the  government.  The  other 
source  of  issue — namely :  that  by  the  government,  is  the  one  which  is 
under  its  complete  control.  It  is  the  restraint  of  this  alone  which  will 
enable  it  to  prevent  a  new  redundancy  of  circulating  medium.  It,  there 
fore,  becomes  an  inquiry  of  vital  importance  to  ascertain  how  far  this  re 
straint  can  be  carried.  Obviously,  it  depends  upon  the  extent  and  avail 
ability  of  the  other  means  furnished  by  Congress  for  supplying  the  de 
mands  of  the  government. 

The  means  wrhich  have  been  already  provided  by  Congress  (over  arid 
above  the  issue  of  new  treasury  notes)  are  three — namely:  The  sale  of 
$500,000,000  of  six  per  cent,  bonds,  certificates  of  indebtedness  and  taxes. 

1.  The  six  per  cent,  bonds  authorized  by  Congress  offer  so  desirable  a 
security,  that  it  may  be  reasonably  expected  that  they  will  be  taken 
up  to  the  full  extent  of  the  available  capital  of  the  country.    The  me 
chanical  arrangements  required  for  the  issue  of  bonds  with  so  many  cou 
pons  will  delay  their  issue  until  the  month  of  May.    In  the  meantime,  to 
support  the  government  during  the  month  of  April,  and  to  pay  off  the 
accumulation  of  public  indebtedness,  which  arose  from  the  indisposition 
to  accept  payments  in  old  currency,  since  the  passage  of  the  currency 
act,  it  became  necessary  to  exercise  the  authority  to  issue  new  treasury 
notes.    At  the  date  of  this  report,  $38,000,000  have  been   issued,  and 
$10,000,000  in  $500  notes  are  prepared  for  issue,  and  this  issue  must  be 
continued  until  the  bonds  can  be  sold.    They  have  already  been  adver 
tised,  and  will  be  offered  for  sale  early  in  May,  and  it  is  hoped  that  the 
proceeds  of  their  sale  will  supply  means  for  supporting  the  government, 
without  resorting  to  the  authority  to  issue  treasury  notes. 

2.  The  next  means  of  supply  provided  by  Congress  is  through  certifi 
cates  of  indebtedness.    These  certificates  offer  another  desirable  security, 
and  would  seem  to  be  peculiarly  available  for  making  purchases.    They 
are  payable  in  Specie  two  years  after  peace,  and  bear  six  per  cent,  inter 
est.    It  is  of  the  utmost  importance  that  the  various  purchasing  officers 
of  the  government  should  use  these  certificates  instead  of  calling  upon 
the  Treasury  for  new  issues  of  notes.    It  is  so  much  easier,  however,  for 
both  buyer  and  seller  to  deal  in  notes,  that  the  temptation  to  call  for  them 
is  invincible,  and  can  only  be  restrained  by  an  absolute  refusal  to  furnish 
them.    The  experience  of  this  department  has  shown  that  an  authority 
given  to  it  to  issue  treasury  notes  as  an  alternative  for  bonds,  results  in 
compelling  it  to  furnish  the  notes,  whatever  may  be  its  own  opinion  as  to 


APPENDIX.  483 

the  inexpediency  of  the  issue.  It  is  in  this  way  that  the  late  redundancy 
of  the  currency  was  produced.  As  far  back  as  May,  1861,  when  the  first 
issue  of  bonds  and  treasury  notes  jointly  was  authorized,  the  Secretary 
used  every  effort  in  his  power  to  induce  the  various  purchasing  officers 
to  make  use  of  bonds  instead  of  treasury  notes.  This  effort  was  contin 
ued  under  the  act  of  August,  1861,  and  he  even  ventured  upon  the  com 
pulsory  method  of  holding  back  his  warrants  on  requisitions,  unless 
bonds  would  be  accepted  instead  of  treasury  notes.  The  pressure,  how 
ever,  for  the  notes  became  so  great  that  he  was  unable  to  resist  it.  In 
these  circumstances,  he  distinctly  presented  to  Congress  the  evils  which 
must  follow  the  expansion  thus  produced,  and  during  the  session  of  Sep 
tember,  1862,  urged  upon  them  to  take  immediate  measures  to  absorb 
the  redundant  currency.  Embarrassed,  as  Congress  then  was,  with  sup 
posed  constitutional  difficulties  in  the  way  of  levying  a  tax,  a  large 
forced  loan  was  the  only  alternative  which  could  be  offered.  Tish  alter 
native  was  rejected*  and  it  was  not  until  April  24,  1863,  that  a  tax  ade 
quate  to  the  wants  of  the  country  could  be  imposed,  and  this  tax  was  so 
complex  and  intricate,  that  its  collection  could  not  be  fairly  set  in  action 
until  the  following  October.  The  only  tax  laid  before  this  was  the  war- 
tax  of  August,  1861,  of  one-half  of  one  per  cent,  on  property  ;  and  small 
as  this  was,  all  the  States  except  three  intervened,  and  paid  the  amount 
due  by  their  respective  citizens  by  the  issue  of  their  own  securities. 
Even  under  this  pressure,  the  government  succeeded  in  effecting  a  for 
eign  loan  of  $15,000,000,  at  a  time  when  the  Northern  government,  with 
ail  its  resources,  and  with  a  commerce  open  to  the  whole  world,  was  un 
able  to  effect  one.  If  the  Treasury  Department  had  been  permitted  to 
apply  this  money  to  the  support  of  the  currency,  its  excessive  issue  and 
consequent  depreciation  would  have  been  postponed,  if  not  prevented. 
But  the  pressing  demands  of  the  government  for  munitions  of  war,  and 
for  expenditures  abroad  for  the  army  and  navy,  consumed  the  entire 
proceeds  of  the  loan.  An  effort  was  then  made  to  combine  the  credit  of 
the  individual  States  with  that  of  the  government,  with  a  view  to  procure 
further  means  to  call  in  the  circulation.  That  effort  failed  to  receive  the 
support  of  some  of  the  States,  and  before  that  support  could  be  propi 
tiated  by  further  efforts,  military  reverses  put  an  end  to  all  hope  of  pres- 
sent  relief  from  foreign  loans  In  the  meantime,  many  of  the  States  en 
tered  upon  the  same  field  of  credit,  issued  large  amounts  of  bonds  and 
treasury  notes,  and  the  result  was  that  expansion  which  has  just  been 
remedied,  and  which  ought  not  to  be  permitted  to  recur. 

The  financial  measures  adopted  at  the  last  session  of  Congress  have 
given  the  country  a  new  starting  point.  The  currency  is  once  more 
brought  within  bounds,  and  it  is  most  earnestly  urged  upon  Congress  so 
to  fence  around  those  bounds  that  they  cannot  be  passed.  This  can  only 
be  done  by  a  careful  revision  of  every  appropriation,  and  by  admitting 
only  such  as  are  absolutely  necessary,  by  a  steady  refusal  to  increase  the 


484      REPORTS  OF' THE  SECRETARY  OF  THE"  TREASURY. 

volume  of  the  currency,  and  by  providing  sufficient  other  means  to  meet 
the  appropriations  which  shall  be  made. 

3.  This  brings  us  to  the  consideration  of  the  remaining  means  of  supply 
which  have  been  supplied  by  Congress — namely :  taxes.  This  source  of 
supply  is  in  fact  the  foundation  of  all  the  others ;  without  it  they  cannot 
be  sustained.  Two  kinds  of  taxes  have  been  provided,  those  in  money 
and  those  in  kind.  The  money  taxes  to  be  paid  during  the  current  year 
have  been  devoted  by  Congress  almost  entirely  to  the  support  of  the  cur 
rency.  The  tax-payers  are  allowed  to  pay  their  taxes  with  the  four  per 
cent,  bonds  and  certificates,  in  which  the  currency  has  been  funded.  It 
is  presumed  that  every  taxable  party  has  supplied  himself  with  bonds  to 
the  estimated  amount  of  his  tax  ;  and  if  there  be  cases  of  deficient  pro 
vision,  doubtless  they  will  be  supplied  from  surplus  amounts  funded  by 
others,  and  offered  for  sale  in  the  market.  It  is  probable,  therefore,  that 
no  material  aid  will  be"  derived  by  the  Treasury  during  the  present  year 
from  any  taxes  but  those  in  kind. 

This  seems  to  be  an  unfortunate  feature  in  the  tax  act.  Payment  into  the 
Treasury  of  treasury  notes  is  a  necessary  instrument  to  their  proper  cir 
culation.  Without  the  aid  of  such  an  instrument,  the  currency  of  the 
notes  depends  entirely  upon  consent.  They  are  deprived  of  one  of  the 
essential  elements  of  value — namely :  general  demand.  The  new  notes, 
not  being  required  to  pay  taxes  until  next  January,  lose  this  valuable  in 
cident  during  all  that  interval,  and  must  obtain  currency  entirely  from 
the  good  will  of  the  community.  Another  equally  serious  difficulty 
arises  from  the  same  cause.  The  planting  interest,  whenever  it  is  beyond 
the  reach  of  the  enemy,  is  prosperous  and  can  contribute  to  the  public 
wants  as  largely  as  any  other.  The  tax  law  requires  from  it  a  tax  in  kind 
of  ten  per  cent,  on  its  annual  produce,  and  of  five  per  cent,  on  capital ; 
but  it  allows  the  tax  on  the  produce  to  be  set  off  against  the  tax  in  money, 
and  it  ensures  the  extinguishment  of  the  money  tax  by  valuing  the  pro 
duce  at  its  present  price,  while  the  capital  is  valued  at  prices  of  1861.  It 
follows  that  the  planters  are  relieved  from  any  necessity  to  provide  them 
selves  with  treasury  notes,  and  may  withhold  from  the  market  their  pro 
duce  at  pleasure.  It  follows,  also,  that  the  prosperous  are  favored  with 
a  discount,  while  the  unfortunate,  whose  farms  have  been  desolated,  are 
required  to  pay  upon  the  value  of  their  capital  without  any  relief  from 
crops.  It  would  seem  more  just  to  reverse  such  a  rule,  and  to  require  a 
larger  contribution  from  those  whose  property  has  been  protected  at  the 
expense  of  the  others. 

Proceeding  on  the  same  general  grounds,  the  tax  act  further  exoner 
ates  from  the  income  tax  of  the  present  year,  all  property  upon  which  a 
capital  tax  shall  be  paid ;  but  it  makes  no  such  discrimination  in  assess 
ing  the  capital,  as  is  made  in  favor  of  agricultural  property.  All  property 
and  income,  not  agricultural,  is  assessed  at  present  rates.  In  another 
connection,  I  will  invite  your  attention  to  the  injustice  of  these  inequali- 


APPENDIX.  485 

ties.    My  object  now  is  to  induce  a  reconsideration  of  this  portion  of  the 
tax  act. 

It  has  already  been  shown  that,  as  the  act  now  stands,  no  pecuniary 
aid  is  afforded  to  the  Treasury  during  the  present  year,  and  that  unless 
sufficient  supplies  shall  be  derived  from  sales  of  bonds  and  from  certifi 
cates  of  indebtedness,  there  will  be  nothing  left  but  a  resort  to  new  issues 
of  treasury  notes.  It  is  therefore  of  the  utmost  importance  to  call  into 
requisition  every  possible  means  of  preventing  such  a  calamity.  The 
taxes  offer  the  most  appropriate  and  efficient  means,  and  can  be  made  to 
contribute  largely  by  simply  repealing  so  much  of  the  tax  act  as  allows 
income  taxes,  whether  in  kind  or  in  money,  to  exonerate  from  the  tax  on 
capital.  The  tax  of  ten  per  cent,  on  the  planter's  income  leaves  him  an 
abundant  surplus  for  his  support,  and,  if  justly  considered,  is  greatly  less 
than  the  tax  which  other  interests  are  required  to  pay  on  capital.  Let 
the  twro  be  compared,  and  this  will  at  once  be  manifest.  As  a  general 
rule,  the  interest  of  money  represents  the  usual  income  of  capital.  A 
tax  of  ten  per  cent.,  then,  on  the  income  of  one  hundred  dollars  would 
amount  to  sixty  cents,  while  a  tax  of  five  per  cent,  on  the  capital  would 
be  five  dollars.  It  will  be  said,  however,  that  the  tax  in  kind,  being  upon 
gross  products,  must  be  rated  at  more  than  the  net  income  or  interest  on 
other  property.  Let  this  be  admitted,  and  assume  that  the  tax  on  gross 
income  is  double  the  amount  of  a  tax  on  net,  and  \ve  still  have  the  in 
equality  of  five  dollars  against  one  dollar  and  twenty  cents.  But  when  to 
this  inequality  is  added  that  produced  by  assessment,  at  the  two  rates 
already  explained,  the  inequality  amounts  to  injustice.  The  proper  rem 
edy  for  the  whole  is  to  be  found  in  an  equal  tax  upon  all  capital  and 
upon  all  income  at  the  same  basis  of  assessment.  The  present  system  of 
taxation  is  so  cumbrous  and  intricate,  that  delay  and  disappointment 
will  be  its  inevitable  results  ;  and  whenever  another  tax  bill  is  framed,  I 
wTould  renew  my  former  recommendation,  and  urge  that  it  be  a  simple 
tax  upon  property  and  incomes.  At  present  I  will  limit  my  recommen 
dation  to  the  repeal  of  the  following  provisions  of  the  last  act : 

1.  That  which  allows  the  value  of  the  tax  in  kind  to  be  deducted  from 
the  tax  of  five  per  cent,  on  agricultural  property. 

2.  That  which  repeals  the  income  tax  for  the  present  year  on  incomes 
derived  from  property  taxed  as  capital. 

3.  That  which  discriminates  as  to  the  date  to  which  assessments  are  to 
have  reference. 

The  taxes  in  kind,  levied  by  the  last  tax  acT,  appeared  to  me  to  em 
brace  (and  with  much  propriety)  another  subject  matter — namely:  gold 
and  silver  in  the  form  of  coin,  gold  dust  or  bullion.  Some  embarrassment 
in  reaching  this  conclusion  was  experienced  from  apparently  conflicting 
provisions  of  the  tax  and  assessment  acts.  The  latter  directed  coin  to  be 
assessed  at  its  value  in  Confederate  treasury  notes,  unless  otherwise  pro 
vided  in  the  law  imposing  the  tax.  The  former  act  placed  in  one  and  the 


486       REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

same  class,  coin,  gold  dust  and  bullion,  and  imposed  a  tax  of  five  per  cent. 
upon  the  "  amount."  The  word  "  amount "  as  to  coin  was  susceptible  of 
two  meanings — namely  :  the  sum  stamped  thereon,  and  the  actual  quan 
tity  of  metal.  The  other  members  of  the  class  were  free  from  this  am 
biguity,  and  could  only  be  rated  by  quantity.  It  seemed  to  follow  that 
the  same  meaning  must  attach  to  all  the  members  of  the  same  class. 
This  conclusion  was  strengthened  by  the  direction  to  rate  sterling  ex 
change  (which  is  usually  treated  as  a  correlative  of  coin)  at  its  value  in 
treasury  notes,  and  by  the  further  direction,  already  noticed  in  the  assess 
ment  act,  to  assess  coin  in  the  same  way.  It  was  obvious  that  the  holder 
of  coin  would  suffer  no  injury  by  contributing  such  portion  of  his  coin  in 
kind,  as  under  any  circumstances  he  was  bound  to  furnish  sufficient  treas 
ury  notes  to  purchase.  It  was  thought  probable  that  the  tax  in  kind  was 
intended  by  Congress  to  relieve  the  government  from  the  obnoxious  duty 
of  depreciating  its  own  currency.  The  tax  levied  in  this  form  is  also 
more  beneficial,  as  it  will  secure  to  the  government  a  portion  of  those 
large  amounts  of  coin  which  have  fled  from  the  plundering  hand  of  the 
enemy  and  have  found  its  protection ;  and  further,  as  it  will  enable  the 
government  to  meet  such  demands  for  coin  as  occasionally  arise. 

There  is  another  portion  of  the  tax  act  to  which  I  would  respectfully 
direct  the  attention  of  Congress.  A  tax  is  imposed  upon  the  capital 
stocks  of  all  banks  and  other  corporations,  and  another  is  laid  upon  all 
solvent  credits. 

The  effect  of  these  two  enactments  is  to  tax  the  capital  of  any  corpora 
tion  as  stock,  and  then  again  to  tax  the  securities  in  which  the  capital  is 
invested.  Banks  of  issue  would  be  taxed  even  beyond  this.  Their  issues, 
like  their  capital,  are  invested  in  securities.  If  these  issues  should  be 
extended  to  twice  the  capital  (as  many  of  them  are  permitted  by  their 
charters  to  do)  the  bank  would  have  to  pay  a  tax  of  five  per  cent,  on  its 
capital,  and  then  of  five  per  cent,  more  on  the  total  amount  of  credits  in 
which  its  issues  have  been  invested,  amounting  together  to  fifteen  per 
cent,  on  its  capital.  This  result  is  so  manifestly  unjust  that  I  concluded 
that  Congress  could  not  have  intended  it.  It  probably  was  supposed  that 
banks  came  under  the  exception  in  favor  of  any  registered  business.  But 
this  exception  does  not  include  banks  of  issue.  I  have,  therefore,  directed 
the  assessors  to  make  assessments  in  such  form  as  will  enable  Congress 
to  remedy  the  difficulty  before  the  tax  becomes  payable.  Several  of  the 
banks  have  applied  for  relief,  and  I  respectfully  commend  to  your  atten 
tion  a  memorial  which  they  have  presented  to  this  department,  a  copy  of 
which  is  herewith  submitted. 

Another  embarrassment  in  administering  the  tax  act  has  been  encount 
ered  in  that  portion  which  directs  the  tax  in  kind  of  farmers  to  be  de 
ducted  from  the  tax  of  five  per  cent,  on  their  capital.  If  the  deduction 
intended  was  of  the  tax  in  kind  of  last  year,  then  the  planting  interest 
will  be  entirely  relieved  from  the  taxes  of  last  year  whilst  all  other  in- 


APPENDIX.  487 

terests  have  duly  contributed.  If  the  reference  is  to  the  tax  in  kind  of 
the  current  year,  then  as  the  money  tax  is  payable  in  June,  and  the  tax 
in  kind  cannot  be  realized  until  later  in  the  year,  it  is  impossible  to  de 
duct  the  latter  from  the  former.  Some  explanatory  act  is  respectfully 
asked. 

I  cannot  leave  this  subject  without  specially  invoking  your  attention 
to  the  inequality  made  by  the  tax  bill  in  the  assessment  of  agricultural 
and  other  property.  While  the  latter  is  assessed  at  its  value  in  treasury 
notes,  which  are  acknowledged  to  be  depreciated  at  least  to  one-third 
their  face,  the  former  is  assessed  at  values  which  prevailed  when  treasury 
notes  were  nearly  at  par  with  specie.  This  inequality  creates  discontent 
in  the  public  mind,  and  cannot  be  maintained  as  just  and  equal.  In  all 
public  as  well  as  private  transactions  it  is  dangerous  to  depart  from  the 
great  principles  of  justice  with  a  view  to  effect  present  expediency. 
Doubtless  it  was  supposed  that  legislation  of  this  kind  would  reach  the 
speculator  and  extortioner.  But  it  wrill  be  found  that  most  of  these 
classes  have  escaped  the  tax  by  taking  refuge  in  agricultural  invest 
ments  ;  while  thousands  of  widows  and  orphans  and  loyal  citizens,  who 
have  invested  their  all  in  stocks  and  securities,  are  deprived  of  their 
means  of  support.  I  would  respectfully  recommend  a  revision  of  this 
section  and  the  establishment  of  a  uniform  rate  of  assessment. 

The  report  of  the  Commissioner  of  Taxes  will  present  the  results  of 
the  collection  of  taxes,  as  far  as  progress  has  been  made.  The  amount 
collected  is  $82,262,349.83.  The  difficulties  which  are  encountered  in  the 
collection  can  only  be  estimated  by  any  one  who  will  inspect  the  mass  of 
papers  which  are  required  for  each  return,  and  the  enquiries  necessary 
to  be  made  of  each  individual  tax-payer.  The  results  of  the  tax  will 
probably  confirm  the  recommendation  already  made  of  a  resort  to  a  more 
simple  system  of  taxation  The  frauds  and  evasions,  which  cannot  be 
discovered  under  the  present  system,  are  a  perpetual  drain  upon  the  tax, 
which  is  necessarily  increased  by  the  number  of  officers  who  must  be 
employed  in  its  collection.  And  after  all  is  done  by  the  government 
which  is  possible,  the  result  is  that  the  most  cunning  in  devices  will  es 
cape,  whilst  only  the  honest  and  conscientious  pay  the  full  and  just  de 
mands  of  tire  law. 

In  the  process  of  collection,  various  amendments  to  the  law  have  been 
found  necessary,  which  will  be  brought  to  your  attention  in  the  report 
of  the  Commissioner  of  Taxes,  to  which  I  respectfully  invite  your  atten 
tion. 

The  act  imposing  restrictions  on  the  export  of  cotton,  tobacco,  and 
naval  stores,  and  that  prohibiting  the  importation  of  articles  of  luxury, 
have  received  the  attention  which  they  demanded.  Under  the  first  act 
certain  regulations,  issued  by  the  President,  of  which  a  copy  is  herewith 
submitted,  will  fully  exhibit  what  has  been  done ;  and,  under  the  second, 
this  Department  has  executed  the  duty  imposed  upon  it  as  to  the  limita- 


488      REPORTS  OF  THE  SECRETARY  OF  THE  TREASURY. 

tion  within  which  importations  shall  be  made  of  articles  to  be  used  for 
wearing  apparel.    A  copy  of  the  instructions  issued  to  the  collectors  of 
customs  on  this  subject  is  herewith  submitted. 
The  customary  estimates  in  detail  are  hereunto  appended. 
Eespectfully  submitted, 

C.  G.  MEMMIXGER, 

Secretary  of  the  Treasury. 


MAKING  TREASURY  NOTES  A  LEGAL  TENDER. 


CONFEDERATE  STATES  AMERICA, 
TREASURY  DEPARTMENT,  Richmond,  March  13, 1862. 
Hon.  L.  J.  GartreH,  Chairman  Judiciary  Committee: 

SIR, — I  have  received  your  note  of  this  morning,  requesting  my  views 
upon  the  expediency  of  passing  an  act  making  treasury  notes  a  legal  ten 
der  in  payment  of  debts. 

I  presume  the  enquiry,  addressed  to  this  Department,  is  directed  to 
considerations  of  finance,  and  not  of  law,  and  I  shall  accordingly  confine 
myself  to  these. 

I.  Treasury  notes  are  now  the  accepted  currency  of  the  whole  country, 
and  circulate  at  par  with  bank  notes.    They,  therefore,  need  no  assist 
ance  at  present  to  enable  them  to  perform  the  function  of  legal  tender. 

A  law  of  Congress  making  their  acceptance  compulsory,  will  immedi^ 
ately  induce  the  enquiry  into  the  reasons  for  such  a  law.  It  will  be  asked 
Why  enforce^  by  penalty  that  which  is  freely  done  by  every  one?  And 
it  will  be  difficult  to  escape  the  conclusion  wThich  will  be  drawn,  that  the 
law-makers  anticipate  an  expected  refusal ;  and  this  anticipation  involves 
suspicion  of  the  notes.  I  need  not  comment  upon  the  extreme  sensitive 
ness  of  credit.  It  is  obvious  that  the  endeavor  to  force  the  notes  upon 
the  community  will  operate  to  shake  the  public  confidence,  and  must  de 
preciate  their  credit. 

II.  In  any  other  view  than  an  effort  to  prevent  depreciation,  the  law 
would  be  useless,  for  it  is  plain  that  no  law  is  necessary  to  produce  a 
voluntary  act.    Assuming  this  depreciation  as  a  fact,  the  next  enquiry  is, 
Will  such  a  law  repair  or  diminish  the  injury? 

There  are  two  classes  of  persons  to  whom  the  notes  will  be  tendered — 
creditors  and  sellers.  The  first  are  required  to  accept  in  payment  less 
than  they  contracted  to  receive.  However  unjust  this  may  be,  they  have 
no  option.  The  law  to  them  is  in  nature  a  bankrupt  law,  and  the  interest 


APPENDIX.  489 

of  the  whole  creditor  class  of  the  community  is  thrown  against  it.  As  to 
sellers,  they  are  at  liberty  to  decline  accepting  the  notes,  unless  an  addi 
tional  price  is  added  to  cover  the  depreciation.  The  law,  therefore,  can 
not  reach  them.  On  the  contrary,  the  apprehension  of  still  further 
depreciation  induces  this  class  to  raise  their  prices  or  to  decline  sales 
altogether. 

III.  If  the  government  should  attempt  to  constrain  the  receipt  of  the 
notes  by  penalties,  they  have  before  them  the  experience  of  all  nations 
as  to  its  utter  failure.  A  reference  to  the  laws  of  Virginia  will  show  that 
after  a  vain  attempt  to  secure  the  currency  of  her  bills  of  credit  by  pen 
alties  in  May,  1779,  she  repealed  those  penalties ;  and  the  subsequent  ex 
perience  of  France  is  equally,  if  not  more,  instructive. 

Extreme  pressure  may  compel  our  government  to  adopt  in  the  future 
extreme  measures,  but  it  seems  to  me  that  at  present  it  is  our  best  policy 
to  avoid  every  possible  shock  to  public  credit,  and  to  legislate  in  the  other 
direction,  namely,  to  increase  taxes,  and  by  every  possible  means  to  pro 
mote  confidence  in  the  integrity  and  solvency  of  the  government. 

My  judgment  is  against  the  passage  of  the  law  at  the  present  time. 
Eespectfully  your  obedient  servant, 

(Signed)  C.  G.  MEMMINGER, 

Secretary  of  the  Treasurer. 


COLLEGE  ESSAYS  AND  ORATIONS. 


ON  THE  "LOVE  OF  COUNTRY." 

WRITTEN    AT    THE    AGE     OF    FOURTEEN,  WHILE    IN    THE    SOPHOMORE 
CLASS,    SOUTH    CAROLINA    COLLEGE. 


To  delineate  the  character  and  to  portray  the  virtues  of  illustrious  per 
sonages  has  ever  been  considered  the  proper  province  of  panegyric  and 
elogium.  The  greater  the  quantity  or  the  more  superior  the  degree  in 
which  those  virtues  which  characterize  a  great  and  noble  mind  are  com 
bined  in  the  same  person,  the  more  worthy  is  he  deemed  of  such  distin 
guished  marks  of  admiration  and  respect.  But  panegyric  has  frequently, 
however,  exhausted  her  store  and  eulogium  has  lavished  all  her  praises 
on  him  who  possesses  one  alone  of  these  virtues.  He,  who  when  surrounded 
by  difficulties  and  encompassed  with  dangers,  when  overwhelmed  by  dis 
astrous  calamities  and  threatened  with  impending  ruin  ;  when  property, 
friends,  everything  dear  or  desirable  is  swallowed  up  in  the  vortex  of  de 
struction  ;  he,  who  in  this  situation,  can  preserve  his  equanimity  and  dis 
regarding  with  manly  indifference  the  storms  of  fortune,  deviates  not 
from  the  course  at  first  laid  down,  has  always  been  deemed  a  character 
worthy  of  the  most  attentive  imitation.  He,  who  with  heroic  magnan 
imity  and  exemplary  valor,  has  led  his  armies  to  battle,  when  victory  de 
scending  from  her  car  alights  upon  his  arms  and  extending  her  wings 
over  the  field  drives  from  before  her  the  hostile  legions  and  dazzles  their 
sight  with  her  aegis ;  when  prosperity  presents  to  her  favorite  hero  the 
cup  of  ambition  and  encircles  his  brow  with  the  distinguishing  laurel ; 
when  in  this  situation  he  dashes  from  his  lips  the  intoxicating  draught 
and  returns  to  his  former  station  with  an  unsullied  and  an  untainted 
reputation,  has  always  been  held  forth  as  a  remarkable  instance  to  man 
kind.  With  equal  justice  may  the  pen  of  eulogy  trace  the  character  of 
him  who  shrinks  not,  when  adverse  fortune  frowns  upon  his  prospects ; 
when  the  dark  and  lowering  cloud  of  destruction,  which  threatens  his 
horizon,  bursts  forth  with  resistless  impetuosity  and  rends  the  air  with 
peals  of  thunder ;  when  havoc,  issuing  from  its  bosom  on  the  wings  of  the 

[4901 


APPENDIX.  491 

wind,  releases  from  their  gloomy  caverns  the  fiends  of  war  and  urges 
them  to  satiate  themselves  on  the  blood  of  his  soldiers.  Then  is  the  time 
to  try  his  soul,  but  they  "  strive  in  vain  " ;  he  descends  from  the  throne 
of  prosperity  in  awful  majesty  and  shrinks  not  from  the  horrid  aspect  of 
misery  and  despair.  Like  the  archangel,  fallen  from  his  high  estate,  he 
sinks,  but  not  in  crime  ;  his  soul,  though  bleeding,  is  unsullied ;  his  mind, 
though  bent  down  by  suffering,  is  not  turned  from  its  integrity.  Like 
the  splendid  lamp  of  heaven  he  will  soon  reappear  from  behind  the  clouds 
which  obscure  him,  to  strike  with  more  dazzling  brilliance  the  astonished 
world.  Thus  does  it  appear  that  there  are  virtues,  the  possession  of  one 
alone  of  which  is  capable  of  ennobling  and  immortalising  a  name.  Among 
these  virtues  Love  of  Country  holds  no  inconsiderable  place  ;  to  delineate 
then  the  influence  and  the  effects  of  which  upon  the  actions  of  mankind 
is  the  object,  which  will,  I  hope,  on  the  present  occasion  attract  your 
attention. 

In  order  to  a  better  representation  and  more  complete  conception  of 
the  present  subject,  it  will  be  necessary  to  point  out  those  qualities  and 
.properties  which  are  essentially  requisite  to  a  genuine  love  of  country. 
That  attachment  which  mankind  have  in  common  to  the  place  of  their 
nativity,  is  nothing  more  than  a  mere  natural  regard  arising  from  local 
circumstances  and  confirmed  by  habit,  but  which  long  absence  and  better 
advantages  in  a  foreign  country  may  eventually  eradicate.  Even  the 
savage  Indian  has  an  attachment  to  those  unbounded  forests  where  he 
has  been  accustomed  to  roam  from  the  earliest  dawn  of  recollection,  and 
where  in  maturer  years  he  has  with  unceasing  vigilance  traced  the  path 
of  the  light-footed  antelope ;  and,  like  a  lion  watching  for  his  prey,  has 
spent  hours  of  patience,  waiting  the  approach  of  the  timorous  and  unof 
fending  stag.  But  patriotism,  instead  of  arising  from  local  partialities, 
increases  with  knowledge  ;  instead  of  being  confined  to  a  little  spot,  com 
prehends  in  one  vast  view  nations,  dynasties,  empires.  It  rageth  in  the 
breast  an  inextinguishable  flame,  and  burns  unceasingly  and  forever. 

To  produce  a  virtue  of  so  pure  a  nature,  civilization  and  science  must 
lend  their  powerful  aid.  It  is  not  from  the  impulse  of  nature  that  we 
learn  to  sacrifice  self-interest  at  the  shrine  of  public  welfare.  Principles 
must  be  instilled  into  the  mind  of  man  to  induce  him  to  love  his  country, 
lie  must  be  taught  to  consider  himself  not  his  own,  but  his  country's 
property  ;  he  must  be  made  sensible  of  what  he  owes  to  her  fostering  care  ; 
that  before  he  was  able  to  render  himself  any  assistance,  like  a  second 
mother,  she  took  him  by  the  hand,  placed  him  "  under  the  shadow  of  her 
wing,"  and  tendered  to  him  all  the  blessings  of  life.  He  must  be  taught 
to  view  with  abhorrence  and  detestation  the  man  who  possesses  not  this 
love,  and  to  consider  him  an  enemy  to  his  country.  Happy  is  the  na 
tion  among  whom  education  thus  takes  up  her  abode  ;  happy  are  the  peo 
ple  who  could  thus  entice  her.  With  them  shall  Patriotism  delight  to 
dwell  j  there  shall  she  fix  her  lasting  habitation  and  shed  her  genial  in- 


COLLEGE  ESSAYS  AND  ORATIONS.  492 

fluence  on  all  around.  There  shall  she  raise  a  new  Leonidas,  who  with 
his  faithful  countrymen,  will  part  with  liberty  only  with  life,  and  the 
enemy  shall  only  enter  their  country  by  making  their  bodies  a  threshhold. 
But  the  usefulness  of  any  virtue  is  only  to  be  determined  by  its  practical 
influence  on  the  actions  of  mankind.  Theories  and  hypotheses  may  be 
heaped  upon  each  other  and  successively  overturned  without  ameliorat 
ing  or  injuring  the  condition  of  any  nation.  It  is  when  these  theories  are 
reduced  to  practice  that  they  influence  the  fate  of  nations,  and  it  is  only 
when  this  influence  is  beneficial  that  they  can  with  justice  be  termed 
useful. 

In  order,  then,  to  show  the  usefulness  of  love  of  country,  we  will  trace 
the  character  of  him  upon  whom  it  exercises  its  greatest  influence.  Called 
to  an  honorable  station  by  the  suffrages  of  his  countrymen,  he  is  indefat 
igable  in  the  pursuit  of  one  object — his  whole  mind  is  turned  thither. 
The  good  of  his  country  is  his  glory,  her  prosperity  his  boast,  her  pros 
pects  are  his  prospects,  her  views  his.  If  any  measure  injurious  to  her 
welfare  should  be  proposed,  he  exerts  himself  to  the  utmost  to  thwart  it, 
and  rests  not  day  nor  night  till  his  wishes  are  crowned  with  success.  If 
he  sees  any  prospect  of  aggrandising  his  country,  he  urges  his  whole  in 
fluence  to  propagate  his  scheme,  and  although  defeated  in  his  attempt, 
yet  will  he  not  be  discouraged.  But  his  view  is  not  confined  to  external 
objects  alone ;  he  considers  the  situation  of  his  own  countrymen,  and  en 
deavors  to  alleviate  their  misfortunes  and  comfort  them  in  their  calam 
ities.  He  revolves  the  consequence  of  all  his  measures  in  his  mind  before 
he  proposes  them.  His  soul,  not  made  callous  by  the  chilling  touch  of 
power,  bleeds  at  the  afflictions  of  others.  He  knows  that  individual  hap 
piness  is  one  of  the  grand  objects  of  government,  and  that  a  government 
can  only  be  strong  when  its  subjects  are  attached  to  it.  Thus  the  good 
of  his  country  is  his  only  object ;  her  welfare  his  only  care.  As  a  ma 
jestic  stream  which  glideth  along — 

Giving  a  gentle  kiss  to  every  sedge, 
He  overtaketh  in  his  pilgrimage ; 

and  though  rocks  and  rapids  may  obstruct  his  course,  yet  at  length  shall 
he  empty  his  tributary  waters  in  tranquility  and  calmness  into  the  im 
perious  ocean. 

But  if  some  insult  from  a  foreign  nation ;  if  some  injury  be  done  to  his 
country  ;  if  honorable  advances  be  made  and  be  rejected  with  scorn  and 
disdain,  the  soul  of  the  patriot  then  burns  with  honest  indignation  ;  then 
is  he  ready  to  sacrifice  all  the  prospects  he  before  had  in  view ;  all  the  an 
ticipations  of  a  laudable  ambition,  everything  dear  or  desirable  on  earth, 
even  his  very  life,  to  the  honor  of  his  country.  The  lion  is  roused  from 
his  den  ;  he  rushes  forth,  and  the  forest  trembles  at  his  roar ;  the  moun 
tains  re-echo  the  sound  and  all  nature  shudders.  Princes  and  potentates 
start  from  their  thrones,  for  the  rage  of  the  patriot  is  excited ;  his  coun 
try  is  insulted ;  she  is  struck  by  the  impious  hand  of  despotism  and  dared 


APPENDIX,  493 

to  the  encounter.  He  girds  on  the  destroying  sword ;  he  rushes  amid  the 
danger  and  the  din  of  war.  Who  can  oppose,  who  can  withstand  him? 
The  coward  sword  of  his  enemy  falls  from  his  hand,  and  he  shrinks  from 
the  encounter.  Despotism  calls  in  vain  for  his  slaves ;  the  keen  edge  of 
the  patriot  falchion  cleaves  his  crest,  and  he  falls  prostrate  from  his 
throne.  The  Goddess  of  Liberty  descends  and  hurls  him  to  destruction  ; 
his  servile  train  desert  and  leave  him,  and  he  sinks  headlong  into  the 
vortex  of  oblivion. 


"THE  ART  OF  PRINTING." 

AN  ORATION  DELIVERED  BEFORE  THE  CLARIOSOPHIC  SOCIETY,  SOUTH 
CAROLINA  COLLEGE,  1818,  AT  THE  AGE  OF  FIFTEEN  YEARS. 


MR.  PRESIDENT, — We  are  assembled  this  evening  not  to  repeat  the 
plaudits  of  victory,  or  to  utter  the  triumph  over  the  laurels  of  a  conqueror ; 
not  to  bend  the  knee  at  the  altar  of  adulation,  to  court  the  power,  or  to 
solicit  place  of  some  capricious  master ;  but,  clothed  in  the  vestments  of 
peace,  we  are  here  unanimously  to  offer  up  a  sacrifice  at  the  shrine  of  sci 
ence.  Remote  from  the  noise  and  tumult  of  a  busy  world,  the  pomp  of 
blood-stained  victory  and  the  paeans  of  eulogy  disturb  not  the  sacred 
silence.  This  is  the  object  of  our  meeting — an  object  dear  to  us  as  free 
men,  dearer  as  the  future  props  of  our  country,  and,  oh,  how  dear  as  vota 
ries  of  immortality. 

In  a  country  situated  as  ours  it  is  almost  exclusively  our  duty  to  culti 
vate  science.  Ignorance  is  the  foster  parent  of  slavery;  science  the 
nurse  of  freedom.  To  know  is  to  secure  our  rights.  In  all  ages  ignorance 
has  been  considered  the  deadliest  foe  to  liberty.  With  this  the  despot 
arms  himself ;  by  this  he  bends  the  necks  of  his  subjects  to  submission,  and 
in  this  he  finds  his  surest  defense.  In  vain  do  his  enemies  combine  against 
him ;  in  vain  do  they  attempt  to  overturn  his  throne.  Ignorance  and  super 
stition  stand  by  his  side  and  guard  him  from  their  attacks.  But  when  the 
sun  of  science  rises  upon  their  horizon  and  spreads  his  genial  influence 
around  them,  how  are  these  mists  dispelled,  and  with  what  a  tremendous 
crash  does  this  huge  fabric  fall.  In  its  animating  ray  the  patriot  gathers 
strength ;  the  tyrant  only  it  dazzles,  bewilders  and  blinds.  Ignorance,  like 
a  vapid  dream,  from  whose  putrid  exhalations  arise  pestilence  and  death, 
oarries  ruin  in  its  train  ;  while  science,  like  the  majestic  Nile  rolling  over 
huge  cataracts  and  spreading  prosperity  and  plenty  all  around,  diffuses 
universal  happiness. 


494  COLLEGE  ESSAYS  AND  ORATIONS. 

To  analyze  the  human  mind  has  called  forth  the  greatest  exertion  of 
talent  and  intellect.  Theory  upon  theory,  and  hypothesis  upon  hypothe 
sis,  has  engaged  the  attention  of  philosophers  of  all  ages.  Vibrating  from 
extreme  to  extreme,  at  one  time  we  have  been  amused  by  the  beautiful 
disquisitions  of  Quintilian,  the  deep  and  discriminating  talents  of  Locke, 
and  the  glittering  visions  of  Helvetius.  Now  we  eye  a  picture  on  which 
the  pencil  of  hope  has  scarce  touched  a  ray,  and  now  we  turn  to  one  on 
which  imagination  has  lavished  all  her  charms — the  eye  is  dazzled  by  its 
splendor  and  its  faults  concealed.  But  nature,  equal  and  uniform  in  all 
her  works,  has  neither  shut  us  out  from  the  acquirement  of  knowledge 
nor  endued  us  with  such  talents  as  will  spring  to  maturity  and  ripeness 
without  due  care  and  attention.  On  the  contrary,  she  has  given  each  a  just 
allotment,  and  has  proportioned  the  fruit  to  the  means  taken  to  procure 
it.  She  has  made  industry  and  application  auxiliary  to  our  wants  ;  that 
by  using  these  means  we  may  on  eagle  pinions  soar  above  the  vulgar 
crowd  to  mansions  of  eternal  fame  and  glory.  The  span  of  time  allotted 
to  each  of  us  is  by  far  too  short  for  the  attainment  of  universal  science. 
Soon  shall  the  clay-cold  sod  cover  the  philosopher,  and  no  longer  shall  his 
voice  be  heard  among  the  living.  Like  wave  succeeding  wave,  generation 
succeedeth  generation,  and  man  withereth  and  falleth  to  decay  like  the 
grass  of  the  field.  But  his  works  live  after  him,  and  although  he  be  in  the 
valley  of  death,  yet  is  he  able  to  instruct,  amuse  and  entertain.  At  the 
distance  of  two  thousand  years  we  can  listen  to  the  song  of  the  immortal 
Homer ;  we  can  hear  the  thunder  of  his  battle  and  attend  to  the  majestic 
strain  of  his  verse.  We  can  sport  with  the  playful  Horace  or  weep  with 
the  solemn  Virgil.  We  can  ascend  with  the  sightless  Milton  into  man 
sions  of  eternal  bliss  and  view  angels  robed  in  light,  making  melody  upon 
their  harps. 

But  though  we  derive  advantages  of  the  last  importance  from  the 
labors  of  others,  still  are  we  indebted  to  other  sources  for  the  distribu 
tion  and  equalization  of  science.  The  knowledge  of  the  wisest  would 
avail  but  little  were  they  heard  only  while  speaking,  or  were  they  to  in 
struct  only  while  living.  The  wisdom  of  Socrates  and  Plato  enlightened 
a  few,  who,  by  the  splendor  of  their  fortune,  were  enabled  to  attend  their 
discourses,  while  the  surrounding  multitude  continued  enveloped  in 
their  former  ignorance.  And  when  the  destructive  rapacity  of  Northern 
barbarians  destroyed  and  overturned  the  civilized  world,  science,  unable 
to  stand  the  shock,  fell  beneath  their  rude  hands  unsupported  and  un 
known,  and  mankind  relapsed  into  their  original  state  of  ignorance  and 
superstition.  Eloquent  and  impressive  was  the  silence  that  for  ages  sat 
upon  the  world;  she  seemed  to  weep  because  her  children  were  not. 
The  thunders  of  the  Vatican  heard  at  distant  intervals  rendered  the 
gloom  more  awful,  while  the  light,  which  like  the  faint  coruscations  of 
an  exhausted  cloud,  ever  and  anon  shot  its  pale  ray  across  the  horizon, 
was  the  only  monitor  that  other  times  had  ever  been.  At  length  the 


APPENDIX.  495 

exertions  of  Peter,  the  Hermit,  followed  by  those  stupendous  monuments 
of  human  credulity  and  superstition,  the  Crusades,  by  opening  the  com 
munication  between  nations,  happily  dispelled  the  mists,  which  envel 
oped  the  world,  and  cleared  the  way  for  the  glorious  assertors  of  the 
rights  of  man.  The  Reformation,  in  all  its  splendor,  burst  forth  with 
dazzling  brilliance  upon  the  benighted  world.  But  soon  would  it  have 
disappeared  like  the  effulgent  meteor  of  heaven,  which  after  illuminat 
ing  the  horizon  with  its  rays,  bursts  into  myriads  of  stars  then  disap 
pears,  had  it  not  been  for  the  accidental  discovery  of  an  art  which  shook 
all  Europe  to  its  centre.  Laurentus,  of  Harloem,  a  name  dear  to  the  vo 
taries  of  science,  while  amusing  one  of  his  children  by  carving  letters 
on  a  tree,  was  impressed  with  the  idea  that  by  cutting  a  number  of  let 
ters  on  wood  and  arran-ging  them  in  syllables  and  then  into  words,  they 
might  from  thence  be  impressed  on  paper ;  accordingly  having  cut  the 
Lord's  Prayer,  the  Creed  and  such  other  things  as  conformed  to  the 
fanaticism  of  the  times  on  a  berchen  plank,  he  stamped  it  on  paper,  and 
thus  produced  the  first  rude  essay  of  the  ART  OF  PRINTING. 

This  piece  is  now  preserved  in  one  of  the  museums  of  Europe  in  proof 
of  this.  But  wood  was  soon  too  soft  to  answer  his  purpose  entirely ;  lead 
was  therefore  tried,  but  this  also  baffled  his  endeavor.  At  length  by  a 
mixture  of  lead  and  tin  he  formed  a  composition  which  exceeded  his  most 
sanguine  expectations.  Thus  was  invented  an  art  which  changed  the 
whole  nature  of  things,  and  effected  an  important  revolution  in  the  his 
tory  of  man.  But  soon  was  it  destined  to  feel  the  persecutions  of  bigotry 
and  superstition.  Princes  and  kings,  urged  on  by  fanaticism,  conspired 
against  its  existence  ;  it  was  decried  as  the  offspring  of  malice  and  the  ve 
hicle  of  opprobrium;  but  armed  with  herculean  power  it  crushed,  even 
in  its  infancy,  these  serpents  sent  to  destroy  it.  The  thunders  of  Rome 
were  hurled  at  its  root,  but  like  the  hydra  of  old  it  gathered  strength  from 
opposition.  Thus  was  invented  the  art  of  printing — an  art  from  which  we 
have  derived  advantages  of  the  last  importance. 

We  will  now  briefly  review  its  influence  upon  science  in  general,  relig 
ion  and  political  happiness.  To  make  the  labors  of  any  one  in  particular 
subservient  to  the  general  good  of  the  community,  the  medium  of  inter 
course  by  which  every  individual  may  partake  of  the  fruits  of  this  labor, 
must  be  open  to  all.  The  slowly  moving  pen  was  but  little  adapted  to  facili 
tate  this  intercourse  ;  the  labor  was  immense,  the  span  of  time  allotted  to 
man  would  be  entirely  consumed,  and  the  community  would  eventually 
derive  but  little  advantage — perhaps  one  copy  added  to  the  general 
stock.  In  Greece  and  Rome,  although  much  has  been  said  of  their  fame 
in  literature,  yet  we  find  a  few,  for  whom  the  hand  of  power  or  the  finger 
of  affluence  had  prepared  the  way,  enjoying  the  pleasures  of  science, 
while  the  surrounding  multitude  were  still  enveloped  in  the  grossest  ig 
norance  and  superstition.  This  was  the  state  of  science  when  the  heavy 
hand  of  the  fell  Goth  struck  at  its  extinction.  Can  we  wonder  that  she 


496  COLLEGE  ESSAYS  AND  ORATIONS. 

sunk  into  obscurity  resting  on  such  a  basis  as  this?  Can  we  wonder  that 
she  slept  so  long  when  we  consider  the  character  of  these  barbarians? 
To  wield  the  sword  and  hurl  the  lance  was  their  only  amusement — the 
ablest  warrior  was  the  wisest  man.  War  was  their  only  employment ;  the 
arts  of  peace  they  left  to  women  and  children.  Their  minds  had  attached 
the  idea  of  slavery  to  every  thing  relative  to  science  ;  they  saw  how  ener 
vated  were  the  people  they  had  conquered.  This  they  attributed  to  their 
passion  for  the  arts,  and  on  this  account  they  despised  them  and  every 
thing  appertaining  to  them.  But  when  the  genial  climate  of  Italy,  at 
tended  by  the  influence  of  the  mild  religion  of  the  Redeemer,  had  softened 
the  ferocious  spirit  of  its  conqueror,  science  was  sometimes  seen  weeping 
in  a  cloister.  The  art  of  printing,  with  a  ray  as  resplendent  as  when 
"  God  said  let  there  be  light  and  there  was  light, "  burst  forth  on  the 
world,  and  extended  the  blessings  of  science  to  all  around.  Like  a  ma 
jestic  stream  it  glideth  irresistibly  along,  bringing  prosperity  and  happi 
ness  to  the  door  of  every  man.  You,  my  hearers,  are  yourselves  instances 
of  it ;  say,  has  it  been  of  immense  advantage  to  you?  Were  it  not  for  this 
where  would  now  have  been  these  institutions  which  send  forth  annually 
rich  streams  to  water  our  beloved  country? 

If  this  art  has  been  of  so  much  advantage  to  science,  how  can  we  esti 
mate  its  influence  upon  religion — that  mild  religion  which  comforteth  us 
under  all  difficulties,  which  supports  us  under  all  calamities,  and  which, 
when  all  earthly  friends  fail,  smooths  our  pillow  and  prepares  us  for 
death.  In  vain  would  Luther  and  the  other  assertors  of  the  rights  of  man 
have  strove  to  overturn  the  fabric  of  superstition  which  enthralled  the 
world  had  not  Laurentius  of  Harloem  prepared  the  way.  Their  works 
circulated  with  the  rapidity  of  lightning,  and  the  eyes  of  man  were  at 
length  opened  that  he  should  see  his  folly.  Although  kings  and  priests 
combined  against  them,  yet  armed  with  omnipotence  they  overthrew  all 
obstacles  and  gained  the  desired  object.  Like  a  tempest  the  reformation 
spread  and  triumphed  over  dynasties  and  empires  in  its  victorious  ca 
reer,  and  now  for  the  first  time  were  the  thunders  of  Rome  heard  without 
dismay.  That  mankind  have  certain  imperceptible  rights  is  a  position  too 
well  known  to  need  any  proof ;  it  is  not  less  known  that  among  these 
rights  are  the  equality  of  all  men,  and  civil  and  religious  liberty.  In 
the  formation  of  a  government  each  member  of  the  community  sacrifices 
a  portion  of  his  personal  liberty  at  the  altar  of  civil  liberty.  Thus 
it  appears  that  the  good  of  the  community  is  the  object  for  which  all 
governments  are  formed ;  hence  it  follows  that  the  moment  this  ceases 
to  be  the  object,  from  that  moment  the  people  have  a  right  to  shake  off 
this  government.  Again,  since  all  power  springs  from  the  people,  the 
people  have  a  right  to  give  their  opinion  on  every  subject ;  and  thus  in 
small  communities  the  people  enjoy  the  greatest  portion  of  liberty.  But 
wljen  a  country  becomes  so  populous  that  this  cannot  be  done,  then  an 
other  plan  must  be  resorted  to,  and  this  is  by  a  representative  govern- 


APPENDIX.  497 

ment ;  by  these  representatives  other  officers  are  appointed  for  the  better 
regulation  of  the  government ;  still  are  all  these  officers  responsible  to 
the  people,  the  source  from  which  they  derive  their  power.  From  this  it 
appears  that  the  people  have  a  right  to  canvass  their  opinions  and  exam 
ine  into  their  conduct.  To  do  this  effectually  the  art  of  printing  has 
opened  an  extensive  field.  The  freedom  of  the  press  is  the  chief  guard  of 
liberty ;  by  this  can  the  patriot  extend  a  shield  over  the  liberties  of  his 
country  and  rouse  the  latent  springs  of  government  into  action. 

In  England  the  people  have  struggled  for  ages  to  obtain  this  great 
engine  of  freedom,  and  although  they  possess  it  in  some  degree,  yet  have 
they  no  positive  law  in  its  favor.  But  in  our  happy  country,  not  satisfied 
with  this  negative  freedom,  our  fathers  were  determined  to  affect  this 
right — the  guardian  genius  of  our  civil  and  religious  liberties.  It  is  our 
glorious  privilege  to  examine  the  conduct  of  our  rulers  and  scan  their 
views.  The  press  guarantees  to  us  these  privileges,  and  affords  us  an  in 
strument  to  exercise  them.  On  its  bright  surface  the  tyrant  looks  and  is 
turned  to  stone ;  the  patriot  sees  his  image  reflected  and  is  urged  on  to 
virtue.  But  it  has  been  alleged  as  an  argument  against  it  that  licentious 
ness  is  but  too  often  attendant  on  the  liberty  of  the  press.  True  it  is,  in 
some  degree,  but  shall  we  condemn  the  whole  because  a  part  is  tainted? 
Shall  we  destroy  the  whole  tree  because  a  branch  bears  bad  fruit?  Who 
would  have  any  confidence  in  that  physician  who,  to  cure  a  gangrene, 
would  top  off  a  limb,  of  which  he  knew  death  to  be  the  consequence? 
The  remedy  would  be  worse  than  the  disease.  The  communication  be 
tween  licentiousness  and  the  freedom  of  the  press  is  too  nice  to  be  dis 
criminated,  and  since  the  bad  effect  of  the  one  is  more  than  counter 
balanced  by  the  good  produced  by  the  other,  it  would  be  better  to  let  it 
remain.  Thus  is  the  liberty  of  the  press  the  bulwark  of  freedom,  the 
shield  of  liberty,  and  the  guardian  of  our  rights  ;  in  a  word,  we  may  truly 
say  that  it  is  the  source  from  which  we  derive  all  our  present  happiness 
and  prosperity. 


"  IMMORTALITY  OF   THE  SOUL." 

OIIATION    BEFORE  '1  HE    "  CLARIOSOPHIC    SOCIETY,"  SOUTH    CAROLINA 
COLLEGE,  DELIVERED  1819,  AT  THE  AGE  OF  SIXTEEN  YEARS. 


'  MR.  PRESIDENT, — The  analysis  of  the  human  mind  is  the  proper  study 
of  man.  Engaged  in  the  contemplation  of  the  works  of  creation  the 
natural  philosopher  retires  from  society  and  seeks  some  solitary  place 
where  he  may  in  silence  pursue  his  meditations.  Fired  with  a  zeal  to 
examine  the  grand  objects  of  creation,  and  urged  on  by  a  resistless  curi- 


498  COLLEGE  ESSAYS  AND  ORATIONS. 

osity  to  enquire  into  the  causes  which  produce  the  regularity  and  order 
which  he  observes  throughout  the  universe,  he  now  opens  the  bosom  of 
the  earth  and  attentively  observes  the  various  productions  of  the  min 
eral  kingdom ;  views  nature  forming  in  endless  succession  those  gems, 
which  sparkle  on  the  crowns  of  kings,  and  traces  the  seeds  from  which 
shall  arise  volcanic  eruptions,  which  shall  shake  the  solid  globe  to  its  centre. 
Gradually  elevating  his  observations  he  now  views  the  various  forms 
and  systems  of  matter  which  prevail  upon  the  face  of  the  earth,  pene 
trates  into  the  astonishing  phenomena  of  vegetation  and  displays  the 
regular  gradation  which  exists  throughout  these  works  of  nature.  And 
now  the  azure  sky,  decked  with  those  countless  myriads  of  constellations 
which  hang  like  immortal  lamps  of  effulgent  splendor,  round  the  throne 
of  heaven,  appears  in  full  glory  before  him.  Gliding  on  an  embodied  ray 
of  light,  he  walks  amid  thousands  of  worlds,  which  marks  their  regular 
orbits  around  the  central  sun  and  is  astonished  at  the  harmony  and  order 
which  prevails  throughout.  Like  the  fallen  Archangel,  traversing  the 
newly-created  regions,  illumined  by  the  lamp  of  day,  he  gazes,  admires 
and  is  compelled  to  reverence  the  Author  of  all.  But  the  contemplation 
of  the  human  mind  exerts  a,  more  powerful  influence  in  increasing  our 
admiration  of  the  wisdom  of  the  Almighty.  Matter,  inanimate  matter, 
actuated  only  by  external  causes,  cannot  have  the  power  of  presenting 
itself  in  forms  calculated  to  inspire  veneration  and  delight.  The  most 
beautiful  prospect  in  nature  becomes  insipid  by  repetition  of  enjoy 
ment  and  the  grandest  object  ceases  to  affect  the  senses  when  made 
common  to  their  view.  Not  so  the  human  mind.  Always  presenting 
something  new,  always  affording  something  before  unheard  of  and  ever 
capable  of  receiving  new  impressions  and  producing  new  ideas,  an  end 
less  field  lies  open  before  it.  Imagination,  that  powerful  source  of  pleas 
ure  and  enjoyment,  can  always  afford  delight  and  present  new  means  to 
please  an  immortal  soul.  Eeason,  that  never  deceiving  guide,  can 
always  discover  new  objects  on  which  to  exercise  itself,  and  memory, 
that  enchanting  source  of  fascination,  can  always  reproduce  former  im 
pressions.  The  understanding  is  ever  prepared  to  perform  its  duty  and 
the  passions  ever  ready  to  be  excited.  An  emanation  from  the  very  es 
sence  of  the  deity,  it  must  partake  of  his  qualities.  A  stream  from  the 
very  fountain  of  perfection,  it  must  possess  some  of  its  properties,  and 
though  tainted  by  extraneous  matter  in  its  course,  yet  must  it  be  some 
what  like  the  original.  Such  is  the  human  mind — and  can  anything  be 
more  instructive  than  to  consider  such  a  being  ?  Can  anything  be  so 
pleasing  as  to  contemplate  its  qualities  ? 

Hence,  then,  if  the  study  of  the  mind  is  the  proper  province  of  man,  and 
if  this  mind  is  so  pre-eminent,  it  is  of  no  less  moment  to  consider  whether 
it  is  to  be  annihilated  and  pass  into  non-entity  or  to  exist  forever — 
whether  we  must  entertain  the  debasing  idea  that  this  ornament  of  crea 
tion,  this  lord  of  the  universe,  is  to  be  hurled  to  a  level  with  the  brutes  or 


APPENDIX.  499 

• 

to  exist  co-eternal  with  those  intelligencies  who  are  above  him  in  the 
scale  of  creation,  and  vie  with  them  in  adoration  of  their  common  Author. 
To  establish  the  probability  of  the  immortality  of  the  soul  by  the  light 
of  nature  and  reason,  the  passions  and  sentiments  of  the  soul  itself  afford 
a  ground  of  conclusion.  Let  us  for  a  moment  suppose  that  we  are  to  be 
annihilated — let  us  image  that  non-entity  is  to  receive  us  from  the  hand 
of  death.  What  dreadful  idea  rushes  upon  the  mind — what  chilling  an 
guish  seizes  the  soul.  What !  am  I  to  be  destroyed  forever — am  I  to  sink 
within  the  grave  and  lie  there  to  eternity?  Oh,  dreadful,  tremendous  sug 
gestion  !  Imagination,  at  its  view,  starts  from  its  situation,  and  a  univer 
sal  horror  seizes  the  soul.  Fancy  shrinks  back  from  the  prospect,  and 
despair,  with  her  gloomy  attendants,  usurps  the  mind.  The  blood  rushes 
back  to  the  heart  and  refuses  to  perform  its  circulation.  Nature  stands 
appalled  at  the  sight  of  the  anguish  of  her  lord.  But  is  it  really  so  ;  are 
we  really  to  pass  into  this  state  of  non-existence?  Can  an  all-good,  all- 
wise  and  all-just  Creator  implant  misery  in  his  creatures?  can  he  instil 
into  us  principles  merely  to  make  us  pass  a  miserable  and  wretched  ex 
istence*?  Heaven  forbid;  justice  and  humanity  condemn  the  thought; 
reason  and  mercy  decry  such  a  suggestion.  No  !  ages  upon  ages  shall  roll 
away,  heaven  and  earth  shall  be  destroyed,  but  we  shall  exist.  How  does 
imagination  grasp  at  the  idea,  how  quickly  does  she  now  pass  the  field  of 
time.  The  dark  cloud  of  futurity  cannot  bound  her  vision,  the  obscure 
vale  of  eternity  cannot  impede  her  career.  Immortal  pleasures  rise  to 
her  view,  and  immortal  honors  lie  thick  around  her.  Charmed  at  the 
sight,  the  soul  is  released  from  anxiety,  and  beholds  the  fascinating  pros 
pect  both  in  boundless  admiration  and  delight. 

When  the  final  cause  of  any  doctrine  or  opinion  is  to  instil  into  the 
mind  principles  of  humanity  and  virtue,  to  strengthen  the  bonds  of  love 
and  friendship  and  to  improve  the  morality  of  mankind,  the  rational 
conclusion  is  that  this  opinion  is  grounded  on  a  firm  basis,  and  that  the 
doctrine  itself  is  true  and  consistent  with  reason.  If,  then,  a  belief  of 
the  immortality  of  the  soul  has  this  effect  upon  society,  we  must  con 
clude  that  this  belief  is  rational.  That  it  has  this  effect  will  be  evident 
by  supposing  the  belief  for  a  moment  to  be  removed.  That  excellent 
systems  of  ethics  which  is  founded  on  the  basis  of  a  state  of  future 
rewards  and  punishments,  would  immediately  crumble  and  fall  to  the 
dust.  Mankind  released  from  the  constraint  of  virtue  and  conscience, 
would  perpetrate  every  act  which  would  suit  their  own  particular  ends. 
The  wicked,  no  longer  restrained  by  any  principle  of  remorse,  and  no 
longer  fearing  future  punishment,  would  prey  upon  the  property  of 
their  neighbors,  and  the  virtuous,  feeling  no  inward  principle  of  self- 
approbation  and  seeing  no  prospect  of  future  reward  for  temporal 
suffering,  would,  in  self-defense,  take  those  same  means  to  which  others 
had  resorted.  Ambition,  attended  by  her  concomitant  train  of  passions, 
now  looses  from  their  fetters  the  fiends  of  war  and  destruction.  The 


600  COLLEGE  ESSAYS  AND  ORATIOK&, 

voice  of  desolation  is  heard  crying  havoc,  and  he  is  seen  urging  on  his 
hell-hounds  to  satiate  themselves  with  the  blood  of  man.  Alarmed  at 
the  tremendous  confusion,  which  shakes  all  earth  to  its  center,  justice 
and  humanity  fly  to  their  original  abodes  and  cruelty  usurps  their 
place.  Mercy,  for  a  moment,  strives  against  the  mighty  tumult,  but  as 
when  a  river  impeded  in  its  course  acquires  accelerated  power,  and  rush 
ing  from  its  wonted  channel  destroys  and  desolates  everything  in  its 
impetuous  career,  so  do  the  exertions  of  mercy  avail,  and  finding  all 
endeavor  fruitless  she  returns  to  her  Olympic  abode.  Creation  is 
rendered  a  scene  of  interminable  confusion,  and  chaos  resumes  his  des 
potic  sway. 

But  let  us  turn  from  this  disgusting  picture  and  consider  the  subject 
in  another  point  of  view.  The  force  of  arguments  drawn  from  analogy 
is  always  proportionate  to  the  points  in  which  the  analogy  holds  good, 
and  if  it  corresponds  in  all  points,  the  evidence  thence  arising  amounts 
to  moral  certainty.  Universal  experience  has  attested  that  the  human 
mind  is  progressive.  Improvement  upon  improvement  and  addition 
upon  addition  has  been  made  and  is  constantly  making  to  every  branch 
of  science,  but  the  goal  of  perfection  is  still  as  far  distant  as  ever.  The 
road  thereto  is  as  capacious  as  ever  and  the  travelers  thereto  have  not 
ceased  from  their  labor.  As  when  some  solitary  bark  pursues  its  course 
over  the  trackless  ocean,  leaving  behind  it  a  world  of  waters,  the  hope 
ful  mariner  anxiously  seeks  a  limit  to  his  vision,  but  in  vain,  an  inter 
minable  prospect  still  appears  before  him,  so  is  the  progress  of  the  mind. 
Is  it  not  rational  to  suppose  that  if  we  have  gradually  progressed  thus 
far,  the  severing  hand  of  death  will  not  obstruct  our  career?  Does  not 
analogy  confirm  the  supposition  ?  Is  it  not  probable  that  death  will 
only  by  removing  all  contaminating  matter  from  our  purer  spirit, 
approximate  us  to  the  source  of  our  existence  ?  How  pleasing  is  the 
idea;  how  consistent  is  it  with  the  goodness  of  our  Maker,  that  we 
shall  constantly  advance  in  our  journey  and  add  knowledge  to  know 
ledge  and  perfection  to  perfection.  May  imagination  stamp  it  on  the 
tablet  of  memory  and  may  she  cherish  the  idea  forever,  even  when 
time  is  no  more. 


"INFLUENCE  OF  POPULAR  OPINION." 

AN  ORATION  AT  THE    EXHIBITION    OF   THE    SENIOR   CLASS   APRIL   22, 
1819,   AT   THE    AGE    OP    SIXTEEN    YEARS. 


To  develop  the  secret  causes  which  influence  mankind  to  the  exercise 
of  virtue  has  ever  been  deemed  an  object  worthy  the  attention  of  the  phil 
osopher.  So  accustomed  is  the  human  mind  to  the  pursuit  of  vice,  that 


APPENDIX.  501 

none  but  the  most  powerful  inducements  can  stop  its  impetuous  career. 
The  path  to  virtue  is  so  intricate  and  the  dangers  attendant  so  apparent, 
that  the  votary  of  vice  discouraged  from  every  attempt  to  enter,  turns 
back  to  his  former  engagements.  The  pleasures  spread  before  his  view, 
the  enjoyments  which  are  constantly  displayed  to  his  fancy,  captivate 
his  soul  and  exhibit  to  his  superficial  eye  more  allurements  than  the  dis 
tant  prospect  of  future  joys.  Experience  has  therefore  suggested  that 
motives  of  a  powerful  nature  must  be  used  to  obstruct  the  channel  of 
former  pursuits  and  change  the  course  of  inclination,  that  incitements 
must  be  held  forth  as  rewards  to  his  endeavor  and  punishments  to  deter 
him  from  a  return  to  his  former  life.  He,  who  when  called  to  a  station 
above  his  fellow-creatures  and  to  the  enjoyment  of  the  affluence  and  the 
power  of  kings,  when  the  sunbeams  of  prosperity  dart  their  animating 
rays  upon  his  head  and  a  propitious  noon-day  scatters  fragrance  on  every 
•side,  when  no  rising  cloud  threatens  to  obscure  his  horizon,  but  a  never- 
ceasing  spring  adds  zest  to  every  enjoyment,  he  who  can  in  this  situation 
preserve  his  equanimity  and  retain  his  character  unspotted  and  his  mind 
uncontaminated  by  the  intoxicating  touch  of  power  has  ever  been 
deemed  worthy  of  emulation,  and  the  motives  which  actuate  his  soul  have 
ever  been  held  worthy  of  attentive  observation.  But  when  the  rude 
storms  of  winter  drive  every  vestige  of  happiness  from  before  him  ;  when 
the  pestiferous  arm  of  calumny  hurls  him  from  his  exalted  station  and 
exposes  his  shame  to  the  world ;  when  the  envenomed  shaft  of  envy 
strikes  his  defenseless  bosom  and  malice  with  her  ten  thousand  fangs 
pierces  the  vitals  of  his  existence  and  saps  the  very  foundation  of  his 
reputation ;  when  the  torrents  of  heaven  spend  their  utmost  rage  upon 
him ;  when  no  friend  appears  to  direct  his  footsteps  to  a  place  where  he 
may  lay  his  weary  head,  and  no  refuge  but  the  clay-cold  sod  on  which  he 
stands  is  ready  to  receive  him — he  who  can  in  the  dignity  of  his  mind  rise 
from  the  midst  of  these  congregated  evils  and  continue  in  the  pursuit  of 
virtue  must  be  influenced  by  a  motive  powerful  indeed.  Not  long  shall 
he  remain  contemned  and  despised,  the  Goddess  of  Virtue  descends  from 
her  abode  and  sheds  her  genial  influence  upon  his  heart.  Majestic  and 
glorious  shall  he  appear  to  the  world,  like  the  full-orbed  moon  arising 
from  her  bed  of  waters.  Thus  does  it  appear  that  there  are  motives  and 
inducements  capable  of  inciting  man  to  actions  which  otherwise  would 
have  overcome  all  his  boasted  resolution  and  courage.  Among  these  pop 
ular  opinion  holds  a  distinguished  rank ;  to  delineate  the  influence  of 
which  upon  the  actions  of  mankind,  is  the  object  which  will,  I  hope,  on 
the  present  occasion,  attract  your  attention. 

It  is  a  maxim  which  the  universal  experience  of  ages  has  attested,  that 
great  causes  invariably  produce  great  effects.  The  ambitious  mind  of  an 
Alexander,  aspiring  at  the  possession  of  universal  power  and  dominion, 
astonished  the  world  by  the  greatness  of  his  actions  and  the  unbounded 
extent  of  his  ambition.  No  power  of  nature  or  art  could  obstruct  his 


502  COLLEGE  ESSAYS  AND  ORATIONS. 

rapid  career ;  to  such  a  mind  actuated  by  such  a  motive  nothing  appeared 
impossible.  Like  the  portentous  comet  of  the  north,  he  would  have  ex 
tended  his  view  over  the  whole  race  of  man,  while  his  miscreated  front; 
penetrated  the  recesses  of  heaven.  The  arm  of  a  Brutus  plunged  the 
murderous  poniard  into  the  breast  of  a  benefactor  and  delivered  his  un 
grateful  country  from  an  ignominious  thraldom.  From  such  a  noble 
mind  none  but  the  most  powerful  of  motives  could  have  erased  the  mem 
ory  of  past  kindnesses ;  none  but  such  a  cause  could  have  destroyed  the 
ties  of  gratitude  and  friendship.  Hence,  then,  if  popular  opinion  can  be 
shown  to  have  an  eminent  rank  among  motives  of  this  kind,  we  must  in 
fer  that  it  exercises  as  powerful  an  influence  upon  the  actions  of  man 
kind. 

The  sceptered  monarch  who  wields  the  destinies  of  nations  and  bal 
ances  the  ponderous  scales  of  justice  ;  whose  mighty  power  extends  over 
millions  of  people,  and  before  whose  view  every  enjoyment  which  can 
captivate  the  fancy  or  charm  the  soul  is  displayed ;  whose  every  wish  is 
gratified  and  every  desire  satiated,  is  compelled  to  appear  at  the  dread 
tribunal  of  popular  opinion.  If  cruelty  and  vice  have  held  a  despotic 
sway  over  his  mind ;  if  he  has  sacrificed  human  life  at  the  shrine  of  pas 
sion  ;  if  the  contaminating  touch  of  tyranny  has  subjected  him  to  its  con 
trol,  and  ambition  has  urged  him  to  loose  from  their  adamantine  chains 
the  fiends  of  war  and  desolation,  to  whose  iron  reign  he  has  subjected 
millions  of  his  fellow-creatures  and  whom  he  has  caused  to  gladden  at  the 
right  of  mankind  the  enemy  of  man — if  these  have  been  his  actions,  the 
arm  of  popular  opinion  shall  exhibit  to  the  world  his  atrocious  deeds  and 
his  people  shall  curse  his  name.  Infamy  and  disgrace  rush  upon  his  view 
and  seizing  his  now  impotent  arm,  hurl  him  headlong  to  the  dust,  and  a 
more  worthy  competitor  is  exalted  to  his  place.  But  if,  on  the  contrary, 
the  strong  shield  of  virtue  shades  his  footsteps ;  if  the  genius  of  mercy, 
like  the  genial  sun  of  heaven,  sheds  her  influence  upon  his  mind  and 
directs  him  in  the  road  to  virtue ;  if  the  loud  voice  of  ambition  is  heard 
with  contempt,  and  the  touch  of  power  instead  of  contaminating,  adds 
fresh  lustre  to  his  actions,  then  shall  popular  opinion  exalt  him  to  the 
sky,  his  deeds  shall  he  proclaim  to  after  ages,  and  history,  in  justice  to 
his  merits,  will  record  on  her  brightest  page  his  illustrious  name. 

But  mark  the  philosopher  engaged  either  in  the  contemplation  of  his 
own  mind  or  in  the  development  of  the  causes  of  the  phenomena  of  na 
ture.  Gratified  at  the  object  displayed  to  her  view,  reason,  quickly  dis 
persing  the  mists  of  obscurity  which  had  before  enveloped  her  in  dark 
ness,  dives  into  the  profundities  and  penetrates  the  inmost  recesses  of 
nature.  The  revolving  planet  is  traced  in  its  orbit,  and  the  forked  light 
ning  is  plucked  from  the  spheres ;  the  earth  opens  its  bosom  to  disclose 
to  his  enquiring  eye  her  darkest  mysteries.  As  when  the  whole  animated 
creation  passed  in  review  before  our  great  first  sire  to  receive  their  ap 
propriate  appellations,  so  does  the  universe  pass  successively  before  the 


APPENDIX.  503 

eye  of  the  philosopher.  Imagination,  bursting  the  fetters  which  had  long 
kept  her  in  thraldom,  seizes  the  wings  of  the  wind  and  bounds  beyond 
the  field  of  space.  The  vault  of  heaven  cannot  impede  her  resistless  ca 
reer,  but  with  winged  impetuosity  she  darts  into  its  most  hidden  recesses. 
Seizing  in  one  hand  the  Promethean  fire,  with  the  other  she  grasps  at  the 
bright  tablet  of  immortality,  displayed  to  her  view  by  the  arm  of  popu 
lar  opinion.  Animated  by  her  voice,  and  urged  on  by  the  high  prize  she 
holds  forth,  with  renovated  vigor  he  pursues  his  meditations,  and  at 
length  by  diffusing  the  inestimable  blessings  of  science  among  mankind, 
he  receives  the  great  rewrard  of  merit.  A  talisman  against  every  danger 
which  may  encompass  his  path,  it  raises  his  name  among  those  who  have 
been  crowned  with  the  same  laurel  and  have  done  equal  honor  to  it. 
Respect  and  reverence  attend  him  through  life,  and  the  page  of  history 
shall  tell  his  fame  to  ages  yet  to  come. 

The  labors  of  a  Homer  and  a  Milton  have  justly  obtained  from  an  ad 
miring  world  the  due  tribute  of  immortal  honor  and  renown.  But  it  is 
to  actions,  which  in  their  general  tendency  ameliorate  the  condition  of 
millions,  that  we  are  to  ascribe  the  greatest  praise  and  to  affix  the  stamp 
of  immortal  fame.  The  man  whose  comprehensive  mind  reviews  the  con 
dition  of  nations,  and  whose  province  it  is  to  provide  for  their  welfare  and 
security,  their  happiness  and  prosperity,  he  it  is  upon  whom  popular 
opinion  exercises  her  greatest  influence.  Guided  by  her  resistless  arm, 
he  sets  at  defiance  the  congregated  power  of  the  world.  Potentates  and 
princes,  dynasties  and  empires,  may  exert  their  utmost  force  against  him, 
but  he  stands  firm  and  invincible.  The  segis  of  his  protector  is  held  over 
his  head ;  on  its  bright  surface  the  tyrant  looks  and  is  turned  to  stone ; 
the  patriot  sees  his  image  reflected  and  is  urged  on  to  virtue.  As  when 
the  four  winds  of  heaven,  issuing  from  their  stormy  caverns,  rush  with 
tremendous  fury  upon  each  other,  and  drive  old  ocean  from  his  watery 
couch,  disclosing  to  the  eye  of  man  his  lowest  profundities  and  discover 
ing  to  the  face  of  day  the  secrets  of  Pluto's  realm,  when  mountain  upon 
mountain  is  urged  forward  in  terrible  succession  against  some  devoted 
rock,  which  looks  in  stern  defiance  upon  their  vain  attempts,  so  stands 
the  patriot  shielded  by  the  invincible  arm  of  POPULAR  OPINION. 


"  EULOGY  ON  PRESIDENT  MAXEY  " 

BEFORE  THE    LEGISLATURE  OF  SOUTH    CAROLINA   AND    THE    CLARIO- 
SOPHIC    SOCIETY,    1819. 


Fellow  Members  of  the  Clariosophic  Society  : 

We  are  met  together  this  day  not  to  repeat  the  plaudits  of  victory  nor 
to  utter  the  triumphe  over  the  laurels  of  a  conquerer ;  not  to  offer  up  in- 


504  COLLEGE  ESSAYS  AND  ORATIONS. 

cense  at  the  altars  of  adulation,  or  to  bow  ourselves  down  in  homage  to 
power.  But  clothed  in  the  vestments  of  peace  we  are  here  met  to  cele 
brate  the  virtues  of  departed  merit;  here  in  the  sight  of  heaven  we 
are  assembled  to  proclaim  the  triumph  of  virtue  and  to  perpetuate  the 
memory  of  a  votary  to  science  and  to  truth. 

Panegyric  hath  been  exhausted  in  the  service  of  greatness.  The  ex 
ploits  of  the  valiant ;  the  chivalry  of  the  brave  engross  men's  praise  and 
enlist  in  their  train  the  talents  and  efforts  of  the  wise  and  the  learned. 
Why  lives  the  memory  of  Homer  and  of  Ossian ;  but  because  the  themes 
of  their  verse  were  the  valor  of  Achilles  and  the  daring  of  Fingal.  Fitz 
James  and  Suwarrow  have  given  scope  to  the  imagination  of  Scott  and 
the  wild  terseness  of  Byron.  In  the  history  of  nations  how  much  is  de 
voted  to  narration  of  conquests.  The  philosophic  Plutarch  feels  himself 
a  Greek  in  describing  the  glory  of  Alexander  and  checks  not  his  admira 
tion  of  Epaminondas  and  Emilius.  Even  Hume  himself,  observant  and 
sceptical,  is  fired  by  the  chivalry  of  the  third  Edward ;  and  Monk  and 
Montrose  are  fixed  in  our  esteem  by  the  eloquence  of  his  description.  In 
our  own  country,  the  deeds  of  Putnam,  Warren  and  Greene  are  heard 
from  the  very  mouths  of  babes  ;  while  Morris  no  less  useful,  and  as  pa 
triotic  as  he  was  useful,  is  known  only  to  him  who  has  carefully  exam 
ined  the  records  of  his  country.  Mankind  seem  universally  susceptible 
only  to  the  splendor  of  war.  Neglected  is  the  harp  of  the  peaceful  and 
the  soft  voice  of  Addison  and  of  Metastasio  is  hushed  in  the  stillness 
which  is  the  charm  of  their  muse.  To  see  a  leader  like  Frederick  of 
Prussia — discomfited  and  forsaken — rallying  suddenly  his  energies  and 
compelling  resources  distant  and  unexpected ;  to  see  him  rush  upon  his 
unsuspecting  enemies  and  scatter  them  before  him,  has  always  dazzled 
men  and  gained  their  applause. 

The  visionary  blaze  illumines  his  whole  character  and  conceals  his 
faults.  His  life  is  a  picture  of  brilliant  eminences,  amid  whose  shining 
peaks  the  eye  seeks  not  for  the  dark  precipice  or  the  fathomless  chasm ; 
but,  pleased  and  bewildered,  is  content  to  gaze  upon  the  gems  which 
sparkle  before  it.  But  do  no  objects  darken  the  prospect  ?  Is  no  sound 
heard  but  the  shout  of  victory  and  the  adulation  of  admirers  ?  Me- 
thought  there  was  a  voice  wrhich  moaned  along  the  air  like  the  sighing  of 
the  night  wind  among  the  leaves  of  the  forest.  It  was  the  moan  of  the 
widow  and  the  orphan  who  knelt  over  the  corpse  of  a  husband  and  a 
father ;  "  it  was  Rachel  weeping  for  her  children  because  they  were  not." 
With  uplifted  hands  and  in  agony  of  soul  they  imprecate  the  justice  of 
heaven  upon  the  destroyer  and  the  ambitious.  And  shall  not  the  voice  of 
the  widow  and  the  orphan  check  the  praises  of  him  whom  men  call  brave  ? 

Is  he  a  fit 'subject  of  panegyric  whose  path  is  thus  marked,  whose  name 
thus  deprecated  ?  Shall  man  yet  be  so  lost  to  himself  as  to  do  homage  at 
the  monuments  of  Timour  and  Caracalla,  or  will  he  yet  commemorate 
Austerlitz  and  Waterloo  ?  Shall  Pisistratus  and  Lysander  still  live  in  the 


APPENDIX.  505 

same  page  with  Harmodius  and  Timoleon,  or  shall  Marlborough  and  Nel 
son  still  sleep  beside  Chatham  and  Howard  ?  Shall  the  historian  and  the 
poet  still  expect  to  find  virtue  amid  conquest  and  war,  or  rather  shall  they 
not  seek  other  subjects  of  praise  ? 

If,  then,  among  this  class  so  much  worshipped  there  be  so  little  real  worth  ; 
if  amid  the  history  of  conquerors  none  can  be  found  of  exemplary  virtue, 
where  are  we  to  seek  for  lights  and  examples  to  mankind  ?  Shall  we  look 
to  the  statesman — the  politician — to  him  who  leads  his  country's  councils, 
who  lavishes  in  her  service  his  time  and  his  talents,  urging  onward  as 
though  his  whole  aim  were  to  be  useful,  his  whole  soul  intent  to  accom 
plish  that  purpose  ? 

He  seems  perfect,  but  at  some  unfortunate  hour  the  mask  is  with 
drawn,  and  ambition  appears  directing  every  action  to  the  aggrandize 
ment  of  self.  That  virtue  which  before  struck  with  its  brilliancy  is  now 
but  the  faint  coruscation  of  an  exhausted  cloud,  which  ever  and  anon 
shoots  its  pale  ray  across  the  horizon.  The  charm  vanishes  and  we  are 
disappointed.  Where, then,  shall  we  seek  for  purity  of  motive?  where 
for  subjects  proper  for  emulation  ?  It  must  be  where  man  is  undis 
guised — in  private  life ;  where  the  soul  appears  in  simplicity,  self-col 
lected,  'self-moved ;  among  the  unpretending  few  who  make  no  claim 
to  dignity  or  power.  It  is  to  such  a  scene  the  events  of  this  day 
invite  us. 

But  a  short  period  has  passed  since  we  were  together  within  the  walls 
of  this  our  alma-mater,  happy  and  rejoicing  in  the  society  of  each  other. 
The  remembrance  of  those  days  comes  upon  us  peaceful  and  sweet  as 
the  tales  of  former  times — it  is  the  sun  of  the  morning  upon  the  tranquil 
waters  of  a  lake.  Here,  in  the  academic  groves,  we  wandered  cheerful 
and  content,  without  a  thought  to  harrass,  or  care  to  cause  us  pain. 
With  each  want  supplied,  we  had  only  to  seek  for  science  and  we  were 
offered  all  its  stores.  The  earth  was  searched,  the  heavens  examined,  the 
mind  laid  bare — nay,  the  very  elements  were  compassed  to  bring  before 
us  the  discoveries  of  science  and  of  art  First  in  the  ranks  of  those  who 
labored  for  us,  was  he  whose  memory  we  are  this  day  met  to  perpetuate, 
the  good,  the  inuch-loved  Dr.  Maxey.  Although  our  father,  our  instruc 
tor,  he  became  one  of  our  brotherhood  and  united  us  to  him  by  the 
strongest  ties.  Under  his  guidance  we  marched  to  the  attainment  of 
our  ends  with  confidence  and  with  zeal. 

How  often  has  our  emulation  been  excited,  our  exertions  stimulated 
by  his  kindness  and  encouragement.  0  !  it  was  pleasant  to  sit  down  at 
his  feet  and  to  hear  the  wisdom  which  flowed  from  him.  Persuasion 
dwelt  upon  his  lips,  and  on  his  countenance  sat  benevolence  and  good 
will  to  all  men.  Metliinks  I  see  him  with  fervid  and  impassioned  eloquence 
exhorting  us  to  industry,  virtue  and  perseverance  —  and  now  he  is 
expounding  the  mysteries  of  knowledge.  Is  it  not  wonderful  with  what 
rapidity  he  leads  the  mind  step  by  step  to  perceive  his  conclusions ;  how 


506  COLLEGE  ESSAYS  AND  ORATIONS. 

entirely  engrossed  he  is  by  his  subject;  behold  his  audience  riveted  in 
attention;  fixed  and  mute  by  the  influence  of  eloquence  and  of  reason, 
till  at  length  with  one  accord  they  rise  satisfied  and  convinced.  To 
drink  inspiration  from  the  lips  of  such  a  man  were  pleasant — it  were 
indeed  delightful.  In  the  sunshine  of  those  days  our  garden  was  a 
paradise,  and  in  the  exuberance  of  enjoyment  we  fancied  our  happiness 
perpetual.  But  in  an  instant  a  wind  from  the  desert  reached  our  para 
dise  and  laid  low  its  luxuriance.  Death  appeared  amongst  us  and  pros 
trated  our  greatest  and  our  best.  The  guide  of  our  youth,  the  father  of 
his  children  was  taken  from  their  presence.  The  cold  sod  of  the  valley 
now  covers  his  head  and  he  rests  from  his  labors. 

"  Sweet  is  the  grave  where  angels  watch  and  weep  ; 
Sweet  is  the  grave  and  sanctified  his  sleep. 
Rest,  O !  my  spirit !  by  this  breathless  form, 
This  wreck  that  sunk  beneath  death's  awful  storm," 

But  though  the  grass  withereth  and  the  flower  fadeth,  yet  from  the 
dust  thereof  arises  the  green  germ  which  shall  disclose  beauties  still 
more  exquisite.  Though  the  virtuous  and  the  wise  must  yield  to  mor 
tality,  yet  do  they  live  in  their  works,  and  the  result  of  their  labor 
remains.  Posterity  ask  not  what  a  man  was  or  in  what  estimation  has 
he  been  held.  They  demand,  what  hath  he  done,  and  few,  very  few, 
have  wherewithal  to  make  answer.  But,  on  the  present  occasion,  which 
of  you  is  not  prepared  with  the  answer  ? 

A  few  years  ago,  and  what  was  the  literary  condition  of  our  State  ?  To 
seek  education  we  were  compelled  to  migrate  to  other  countries,  and  as 
this  migration  was  expensive  and  inconvenient,  merely  the  rich  and  those 
near  the  sea  could  avail  themselves  thereof.  In  the  interior  it  was  im 
practicable,  but  at  very  great  sacrifice  to  procure  a  liberal  education.  The 
people  of  the  State,  being  educated  in  manners  so  variant,  and  having  no 
intercourse  until  interest  led  them  to  meet,  became  jealous  of  each  other. 
In  early  life  alone  is  it  that  those  attachments  arise  which  cement  hearts 
throughout  the  vicissitudes  of  life.  Connections  from  interest  are  at  best 
but  temporary,  for  when  the  interest  ceases  or  becomes  adverse  the  tem 
per  of  mind  must  undergo  a  concurrent  change.  But  early  recollections 
are  permanent.  Who  does  not  dwell  with  rapture  on  the  days  of  his  boy 
hood  or  feel  a  strong  predilection  to  the  participants  of  those  scenes  ?  The 
generous  sympathy,  the  disinterested  and  zealous  friendship  which  char 
acterize  those  days,  impress  themselves  upon  the  mind,  and  those  impres 
sions  often  withstand  even  the  shocks  of  after  life.  Men  of  opposite  par 
ties,  of  adverse  interests,  are  frequently  seen  interchanging  good  offices 
impelled  by  the  recollections  of  early  union.  In  the  absence  of  such  mo 
tives  men  are  linked  together  by  fortuitous  circumstances,  and  where  they 
meet  but  seldom  attachments  must  be  rare.  But  when  interest  inter 
poses,  when  it  meets  no  check  by  opposing  interest,  the  consequences 


APPENDIX:  507 

must  be  far  from  happy.  ILence  it  ensued  that  the  people  of  the  State 
were  split  into  factions ;  that  inequalities  existed,  and  that  jealousy  was 
predominant  on  every  side. 

To  remedy  some  of  these  grievances  this  college  was  instituted.  Its 
stability  and  usefulness  would  depend  upon  the  talents  of  the  men  who 
directed  it.  The  presiding  officer  must  be  one  in  whom  the  learned 
would  find  a  brother,  the  virtuous  a  preceptor,  the  young  a  parent,  and 
the  old  a  guardian  for  their  children.  He  must  be  one  who  could  com 
mand  at  the  same  time  the  veneration  and  love  of  his  pupils,  the  confi 
dence  of  the  State  and  the  first  rank  in  the  republic  of  letters.  And 
such  a  man  was  Dr.  Maxey.  Who  but  he  could  restrain  the  aberrations 
of  feeling,  which  may  have  led  to  the  destruction  of  the  institution  ?  Who 
else  could  so  entirely  control  the  passions,  turn  their  course  and  lead 
them  to  promote  the  welfare  of  those  whom  they  would  otherwise  have 
ruined.  Look  around  the  State  and  see  what  has  been  affected  since  he 
assumed  the  chair  !  Is  science  enquired  for  ?  Lo  !  she  points  to  an  altar 
in  every  section  of  the  country  and  proudly  numbers  votaries  where  be 
fore  she  had  been  despised.  The  names  of  Locke,  Bacon,  and  Newton, 
are  heard  from  the  lips  of  children,  and  studies,  the  most  abstruse,  have 
become  common  and  familiar.  In  every  corner  of  the  State,  Hume  is 
known  and  consulted  and  the  mysteries  of  Smith  and  of  Say  are  solved 
ex-cathedra.  Indeed,  the  people  have  assumed  an  aspect  entire]y  new. 
So  much  is  their  intelligence  increased  that  to  be  distinguished  among 
them  requires  talents  and  industry  the  most  eminent  and  persevering. 
The  graduates  of  foreign  institutions  are  met  without  reserve  by  the 
alumni  of  our  college,  and  the  acquirements  of  the  one  fully  equal  those 
of  the  other.  Those  jealousies  which  once  prevailed  are  softened  and 
ameliorated,  and  men  from  all  sections  meet  with  emulous  good  will. 

Amidst  this  general  propagation  of  science  the  arts  too  have  made  a 
proportionate  advance.  Agriculture  has  enlisted  in  her  service  the  best 
exertions  of  science  and  combined  to  her  aid  the  powers  of  the  wisest  and 
most  enlightened.  The  State  is  more  honored,  her  officers  more  respect 
able,  and  the  people  more  happy ;  and  although  many  causes  have  con 
spired  to  produce  this  result,  who  will  not  admit  that  by  far  the  most 
efficient  is  the  change  apparent  in  the  present  generation. 

Is  he  not  then  to  be  admired,  is  he  not  worthy  of  all  praise  who  has  de 
voted  the  whole  force  of  his  character,  who  has  spent  the  best  years  of 
his  life  in  the  promotion  of  such  an  end — an  end  the  most  honorable, 
the  most  important.  Why  else  have  the  names  of  Socrates  and  Plato,  of 
Aristotle  and  Seneca,  of  Franklin  and  of  Lancaster  descended  to  poster 
ity  accompanied  by  the  blessings  of  millions  of  their  fellow-beings?  The 
victories  of  Trojan  and  the  miseries  of  Belisarius  have  been  made  im 
mortal  by  the  pen  of  the  historian,  but  the  same  page  commemorates  the 
virtues  of  Pliny  and  the  efforts  of .  Ulpian.  So  long  as  there  is  moral 
beauty  in  virtue  and  so  long  as  good  actions  shall  attract  the  respect  of 


508  COLLEGE  ESSAYS  AND  ORATIONS: 

men,  those  who  have  been  eminent  in  the  advancement  of  human  happi 
ness  will  receive  evidences  of  their  veneration. 

On  this  occasion  then  do  we  not  feel  proud  that  we  have  this  day  laid 
the  foundation  whereon  shall  stand  a  monument  sacred  to  virtue  and  to 
intellect — that  we  have  sent  forth  the  herald  who  shall  proclaim  to  future 
ages  the  worth  of  our  lamented  president  and  brother,  and  shall  enroll 
his  name  among  those  who  have  been  called  the  ornaments  and  the  ben 
efactors  of  mankind. 

And  who  are  they  who  thus  perpetuate  his  worth?  Are  they  men 
united  to  him  by  consanguinity  or  connection,  who  would  fain  flatter  their 
own  pride  by  a  monument  to  their  family?  Are  they  those  who  have  re 
ceived  from  him  some  gratification  of  self-love,  or  been  bound  to  the  act 
by  obligations  of  duty?  Are  they  men  disposed  to  sacrifice  to  power  or 
to  flatter  the  unworthy?  No ;  they  are  men  who  have  known  him  for 
years ;  who  have  been  his  pupils  and  his  friends  unconnected  by  any  per 
sonal  ties ;  men,  who  like  St.  Paul,  have  sat  at  the  feet  of  Gamaliel,  and 
many  of  whom  are  honored  by  their  country's  highest  estimation.  In 
fluenced  only  by  respect  for  his  virtues,  love  of  his  character  and  admi 
ration  of  his  talents  ;  they,  with  one  accord,  offer  this  testimonial  of  es 
teem,  and  would  tell  to  after  ages  that  in  his  life  Maxey  was  respected 
and  in  death  was  he  deeply  lamented.  Lamented  not  by  them  alone,  but 
by  his  country ;  lamented  by  the  learned  and  the  unlearned,  by  the  phil 
osopher  and  the  patriot,  by  the  citizen  and  the  stranger. 

Who  can  imagine  the  loss  to  his  family?  To  them  he  was  a  kind  and 
indulgent  parent — a  father  the  most  affectionate  and  mild.  He  was  their 
never-failing  friend ;  their  all  in  all.  Snatched  from  amongst  them,  they 
find  no  consolation  to  their  sorrow ;  save  in  what  we  this  day  offer.  Their 
o'ershadowing  oak  has  been  torn  down  by  the  tempest — the  spring  has  re 
turned  with  its  showers,  but,  alas  !  no  green  leaf  has  arisen  to  them. 

In  the  character  of  Dr.  Maxey  there  was  much  to  admire  and  to  imi 
tate.  Unassuming  and  unpretending  he  sought  not  to  thrust  himself  on 
the  notice  of  the  world,  but  was  content  with  the  stand  which  his  attain 
ments  necessarily  gave  him.  As  a  theologian  and  metaphysician  he  was 
profound  and  discriminating.  His  reasonings  upon  the  doctrines  of  re 
ligion  have  often  forced  conviction  upon  the  most  sceptical.  His  posi 
tions  were  so  firm,  his  deductions  so  clear  and  the  conclusions  so  demon 
strable,  that  it  were  impossible  to  resist.  With  all  this,  the  ardour  with 
which  his  mind  glowed,  the  eloquence  of  his  manner  chained  the  atten 
tion  of  his  hearers.  So  clear,  too,  were  his  conceptions,  that  the  darkest 
and  most  obscure  ideas  of  Locke,  Kaimes  and  Reid  were  rendered  ap 
parent  to  all  who  heard  him.  Their  errors  were  exposed  and  their  doc 
trines  examined  with  a  perspicuity  and  precision  the  most  accurate. 

To  these  unusual  powers  Dr.  Maxey  united  a  faculty  of  entirely  com 
manding  the  passions  of  his  pupils.  Their  most  violent  ebullitions  he  has 
controlled  by  appeals  to  their  better  feelings ;  and  at  the  same  time  that 


APPENDIX.  509 

they  feared  his  justice,  they  regarded  him  with  affection.  No  voice  was 
heard  save  in  his  praise ;  veneration  of  his  character  swallowed  up  all 
other  impressions.  We  lived  beneath  his  eye  loving  and  respecting  him, 
and  the  remembrance  of  his  kindness  made  our  departure  from  him  more 
grievious.  To  such  a  man,  fellow-members,  we  have  this  day  paid  a  tri 
bute  of  respect — his  memory  we  have  consecrated  by  an  act  now  regis 
tered  in  the  archives  of  time.  Peace  to  his  ashes,  and  to  his  fame  we  all 
unite  in  proclaiming  "  Esto  perpetua.  " 


"INFLUENCE  OF  FICTION  ON  THE  MIND." 

SALUTATORY   AND    ORATION    DELIVERED   AT    COMMENCEMENT  SOUTH 
CAROLINA    COLLEGE,    DECEMBER    6,    1819. 


Senatores  Illustrissimi,  Legumque  latores  spectatissimi,  salvete: 

Civium  vestrorum,  inempta  suffragia  vos  ad  summam,  in  hac  civitate, 
potestatem  provexerunt.  Illorum  felicitatem  omnibus  numeris  explere 
atque  stabilire,  illorum  libertatem  legesque  domi  militiaeque,  defen- 
dere,  vestrum  est.  Ad  hunc  finem  tarn  pulchrum  tamque  laudabilem  at- 
tingendum,  nulla  sane  inveniri  possit  res  aut  utilior,  aut  certior  aut 
blandior  quam  Scientia  longe  lateque  per  patriam  diffusa.  Nullum  un- 
quam  aliud  vel  magis  suse  domination!  aptum  fundamentum  optavit  et 
exquisivit  Tyrannus  immanis,  quam  ignorantiam  :  nunquam  vera  Liber- 
tas  sine  doctrina  bonarum  que  artium  cognitione,  extitit  vel  perduravit. 
Crudelis  aspicit  Tyrannus  segida  Palladis  fulgentem  et  seipsum  in  lapidem 
exiturum  sentit ;  contra  autem  unusquisuue  fautor  atque  patrise  cultor 
sincerus,  intemerato  corde,  horribilem  Gorgonis  imaginem  intuitur,  et 
glorias,  virtutisque  spem  novam  in  mente  renascentem  invenire  videtur. 
Jura  novisse  id  demum  est  jura  servasse.  Quae  cum  ita  sint,  non  aliter 
potest  esse,  quin  hanc  scholam  atque  domicilium  musarum  intenta  atque 
benevola  mente  intueamini.  Vestra  munificentia  has  sedes  excitavit: 
Haec  quies,hoc  otium  prudentise  vestrse  debetur.  Non  solum  resnecessa- 
rias  sed  amsenitates  quoque  suppeditastis.  Nee  irritos  labores,  sicuti 
speramus,  inistis.  Non  est  locus  ambigendi,  Senatores  optimi,  dum  ante 
oculos  tot  excellentes  viros,  tantis  animi  dotibus  pollentes,  maximisque 
Beipublicse  muneribus  fungentes  video — quorum  adolescentise  hie  etiam 
adsunt  vestigia.  Fructus  autem  solicitudinis  vestrae  hodie  cernitis. 
Venit  hora  qua  his  umbris,  hique  gaudiis  renunciandum  est.  Faxit  be- 


510  COLLEGE  ESSAYS  AND  ORATIONS. 

nigne  Deus,  ut  curse  vestrse  recentiores,  seque  ac  priores,  vestris  votis  sat- 
isfaciamus. 

Consul  supreme,  hujusce  Reipublicc^  Gustos  atque  Gubernator  excel- 
lentissime,  salveto ! 

Senatores  utriusque  ordinis,  nomine  et  auctoritate  populi  agentes,  te 
ad  summam  dignitatem  ap  sud  nos  appellarunt.  Alii  jactant  imperia  non 
meritis  sed  hsereditate,  non  consensu  civium  sed  vi  et  armis  adepta,  gau- 
dentes  omnia  proprio  arbitrio  atque  libidine  prosequi.  Sortem  longe  no- 
biliorem  tu,  vir  eminentissime,  nactus  es.  Liberorum  hominum  per 
corda  regnas ;  patriam  non  tricis  inanibus  sed  virtutibus  moribusque  ex- 
ornas;  gravitate  animi,  sedulitate,  vigilantia  atque  constantia  propugnas. 
Perge,  vir  optime,  ut  facis,  omnia  officia  amplissimi  muneris  tui  excolere  ; 
et  si  inter  tot  tantaque  negotia  quibus  implicaris,  possis  nonunquam 
Musis  vacare,  hanc  quoque  earum  sedem  fovere  atque  confirmare,  dig- 
neris  precor. 

Curatores  Academire  Carolina  Meridionalis,  viri  omni  amore  atque  ven- 
eratione  digni/'salvetote ! 

Hoc  inter  se  commune  habent  ingenui  animi,  ut  iis  suave  sit  laborum 
feliciter  peractorum  meminisse.  Miseri-s  succurrere  dulce  et  decorum 
est — tristium  ab  oculis  lachrymas  abstergere  et  illarum  in  locum  risus 
lostitiamque  sufficere  baud  sane  levis  aut  spernanda  voluptas.  Attamen 
si  in  hominum  corporibus  sublevandis  adeo  magna  existit  jucunditas,  qui 
quseso,  debent  esse  animi  affectus  cum  de  mente  ipsa  solanda  et  ejusdem 
calamitatibus  auferendis  agitur :  Facultates  scilicet  sopitas  expergisci ; 
ignes  setherios  suscitare,  erroris  umbras  discutere,  et  ubi  olim  caligo  reg- 
navit,  ibi  lucem  veritatis  infundere — divinum  certe  opus,  quod  etiam  vos, 
viri  egregii,  erga  nos  absolvistis.  Vestro  hortatu,  vobis  adjuvantibus  pax 
benigna  salutiferaque  Sciential  undique  per  terrain  hoesitantibus  et 
offendentibus  porrigitur.  Cura  vestrane  nostrum  quidem  Collegium 
cum  aliis  alibi  uspiam  existentibus,  conferri  formidet.  lam  olim  uberri- 
mos  proventus  solicitudinum  demum  messuistis.  Hac  de  sede  manant 
quasi  Helicone  altero  rivuli,  quos  juvat  Dia  Libertas  accedere,  gaudens 
reficere  alas,  quibus  altius  in  coelum  vehatur.  Ob  tanta  in  nos  cumulata 
beneficia,  ex  imo  corde,  gratias  agimus. 

Hujusce  Collegii  Pncses  venerande  atque  carissime — Salveto!  Ubi 
cor  maxime  afficitur,  ibi  solent  verba  plerumque  destitui.  Praclariora 
sunt  tua  merita  quam  quod  nostro  egeant  praseconio.  Sit  nobis  saltern 
permissum  hie  in  memoriam  revocare  placidum  vitse  cursum  quern  sub 
tua  benigna  tutela  degimus,  iiorentes  studiis  otii  nequaquam  ignobilis. 
Te  duce,  te  monente,prseeunte,  hortante,  prsestolante,  nil  per  longos  Scien- 
tiarum  tractus,  aut  nimis  arduum  aut  ineluctabile,  vel  nostree  tenuitati 
desperandum,  obvenimus.  Collegium  nostrum,  te,  exempto  vitae  tuee 
eximiae,  illustrantem  vidimus  ;  vidimus  prudentia  moderantem  ;  ingenii 
perspicacitate  luminibusque  undique  collatis  erudientem  atque  susteri- 
tantem.  Heus !  hgec  oblectamenta_  fuerunt ;  in  posterum  heus !  nun- 


APPENDIX.  511 

quam  reversura.  Vocem  istam  tuam  patris  ex  die  in  diem  animi  arcana 
detegentis  et  ad  visum  exponentis ;  elegantias  literarum  monstrantis ; 
viamque  virtuti  honoribusque  indicantis  ;  posthac  nulla  felix  auscultandi 
occasio  redibit.  Recordatio  autem  praeceptorum  seque  ac  beneficiorum 
quoe  a  te  excepimus,  dies  nullus,  nisi  supremus,  delebit. 

Bonarum  artium  apud  has  ^Edes  Professores,  dilectissimi  Preeceptores, 
Salvete ! 

Dies  Comitiorum  in  hac  nostra  Academia  habendorum  iterum  revertitur. 
Nobis  omnino  faustus  esset  futurus,  si  non  secum  duram  attulisset  neces- 
gitatem  a  viris  adeo  amatis  atque  existimatione  dignis  discedendi.  Labo- 
res,  quos  in  nostrum  mentibus  erudiendis  larga  manu  expendistis,  debent 
certe  nostram  reminiscentiam  commovere.  Quamdia  vitales  auras  car- 
pamus,  imagines  vestri  nostris  pectoribus  infixoe,  manebunt,  ubique 
habitemus,  quibus  in  negotiis  versemur,  utilitas  institutionum  vestrarum 
eminenter  elucebit.  Talibus  magistris  in  omni  genere  doctrinse,  tantis 
omnium  vitutum  exemplis  perfructi,  si  parentum,  si  patrise,  si  vestrum 
votis  expectationibusque  minus  respondebimus,  nobis  erit  dedecori  non 
vobis. 


INFLUENCE  OF  FICTION  UPON  THE  HUMAN  MIND. 


The  prosecution  of  virtue  and  the  consequent  attainment  of  happiness 
are  the  true  objects  for  which  man  was  formed.  To  enable  him  to  over 
come  the  temptations  which  surround  him  and  the  difficulties  which 
arise  in  successive  view  before  him,  the  principles  of  passion  were  im 
planted  in  his  nature.  Directed  by  their  voice  and  instigated  by  their 
impulse,  he  is  urged  to  the  performance  of  actions,  from  which  the  fee 
ble  eye  of  reason  would  turn  writh  dismay,  and  the  powrers  of  understand 
ing  would  shrink  back  with  horror.  To  awaken  such  principles  and  by 
'reiterated  exercise  to  breathe  into  them  an  habitual  aspiration  after  vir 
tue,  requires  the  continuous  action  of  some  powerful  excitement.  But 
alas !  for  man — truth  alone  is  not  always  sufficient  to  produce  this  effect 
and  the  genius  of  virtue  without  any  foreign  aid  would  droop  and  perish 
forever,  like  the  chilled  flower  of  autumn.  The  page  of  experience  has 
portrayed  to  our  view  the  patriot  struggling  to  support  his  country 
through  the  stormy  billows  of  contention,  and  elevating  her  to  the  high 
est  pinnacle  of  grandeur.  The  influence  of  power  has  been  unable  to 
contaminate  his  generous  breast  and  his  character  has  stood  unassailed 
by  the  shafts  of  envy  and  uninjured  by  the  furious  attacks  of  calumny. 
Prosperity,  as  if  conspiring  to  reward  his  virtue,  has  extended  her  wings 


512  COLLEGE  ESS  A  YS  AND  ORA  TIONS." 

over  his  head  and  the  voice  of  opinion  proclaims  aloud  his  merits.  But 
in  an  instant  the  thunder  of  popular  frenzy  hurls  him  from  his  station 
and  prostrates  him  to  the  earth.  The  demon  of  detraction  now  seizes 
his  character  and  the  envenomed  arrows  of  malice  pierce  his  bosom.  The 
vortex  of  destruction  swallows  within  itself  every  thing  dear  or  desirable 
to  him  on  earth,  and  the  stroke  of  despair  leaves  him  desolate  and  miser 
able.  The  pitiless  storms  of  adversity  open  their  rage  upon  his  de 
fenceless  head,  and  exhausted  and  overcome  he  sinks  a  persecuted  wretch 
into  an  untimely  grave.  Such  has  been  the  melancholy  reward  of  un 
spotted  virtue — such  the  sad  recompense  of  generous  patriotism  But 
the  page  of  truth  present  a  yet  more  discouraging  picture  to  our  view. 
We  have  seen  the  wretch  whose  soul  is  contaminated  by  every  cruelty 
which  can  pollute,  and  every  crime  which  can  defile  the  human  charac 
ter,  exalted  to  the  very  summit  of  prosperity.  No  means  which  vice  can 
invent,  or  hell  itself  devise,  to  attain  the  object  of  his  ambition  can  ap 
pal  his  undaunted  soul.  The  cries  of  the  dying  infant  and  the  heart 
rending  shrieks  of  the  supplicating  mother  to  him  are  familiar.  Eivers 
of  blood  flow  around  him  and  he  looks  upon  their  progress  with  savage 
delight.  Destruction  and  death  have  prepared  his  way,  and  misery  and 
ruin  follow  in  his  footsteps.  And  such  a  wretch  has  received  the  reward 
due  to  the  most  unexampled  virtue.  Such  a  monster  has  been  exalted 
to  the  highest  pinnacle  of  human  greatness.  Is  not  this  sufficient  to 
damp  the  ardour  of  the  most  intrepid  soul  ?  Is  not  this  enough  to  destroy 
all  hope  of  inculcating  virtue  by  the  relation  of  truth  ?  Where,  then, 
is  the  human  mind  to  found  its  expectations  ?  Where  are  the  vota 
ries  of  merit  to  find  encouragement  for  their  exertions  ?  The  voice 
of  nature  directs  to  the  extended  arms  of  fiction ;  the  finger  of  expe 
rience  points  to  her  happy  mansions,  and  the  instigations  of  reason  urge 
on  to  their  fruition. 

In  order  to  a  more  complete  elucidation  of  the  nature  and  effects  of 
fiction,  it  will  be  necessary  to  consider  the  means  by  which  it  operates 
upon  the  passions.  The  human  mind,  though  engaged  in  the  contem 
plation  of  subjects  which  call  forth  the  whole  energies  of  the  soul, 
though  guarded  by  all  the  powers  which  reason  can  summon  to  its  aid, 
can  never  secure  itself  from  the  inroads  of  imagination.  The  philoso 
pher  may  bend  down  his  faculties  to  the  abstruse  speculations  of  general 
science,  he  may  endeavor  to  confine  himself  wholly  to  the  abstract  pur 
suit  of  metaphysical  knowledge ;  but  with  all  the  powers  of  his  under 
standing  here  necessarily  called  forth,  he  cannot  resist  efforts  of  fancy. 
Ever  vigilant  and  attentive,  she  seizes  the  moment  when  a  partial  lassi 
tude  overcomes  his  frame,  and  with  unremitting  exertions  she  at  length 
subjects  him  to  her  dominion.  The  Indian  savage  is  not  more  patient 
or  more  watchful  for  his  prey;  the  ardor  of  his  pursuit  not  more  cease 
less  or  more  triumphant.  No  sooner  does  the  ever-active  memory  bring 
to  the  mind  some  fascinating  object  but  she  improves  the  opportunity 


APPENDIX.  513 

and  prostrates  her  victim  at  her  feet.  Eeason,  overcome  by  her  power, 
flies  from  the  contest  and  leaves  her  votary  at  the  mercy  of  the  con 
queror.  Painted  by  her  hand,  every  object  which  remembrance  offers 
to  his  mind  assumes  the  glowing  colors  of  reality,  and  animated  by  her 
influence,  every  incident  passes  in  actual  review  before  him.  Uncon 
scious  of  the  perceptions  of  his  senses  and  impervious  to  the  operation 
of  external  matter,  he  is  wrapt  up  in  the  feelings  of  his  soul  and  rushes 
down  the  stream  of  imagination.  Borne  away  by  a  resistless  impulse* 
he  sees  the  past  present  before  him  and  views  as  in  reality  objects  which 
are  immeasurably  distant.  Transported  by  enchantment,  he  becomes  a 
spectator  of  every  scene  and  an  agent  in  every  occurrence.  The  veteran 
soldier,  who  has  spent  his  life  in  all  the  dangers  of  war,  whose  resting- 
place  is  the  barren  rock  and  whose  canopy  the  heavens,  forgets  the 
hardships  which  he  is  suffering  and  passes  in'pleasing  transition  to  the 
exploits  of  his  youthful  days. 

The  battles  of  his  early  fame  rise  up  before  him  and  he  views  with  eager 
delight  the  field  on  which  he  gathered  the  brightest  laurel  which  deco 
rates  his  brow.  The  prospect  animates  his  soul  and  he  is  prepared  to 
meet  the  foe.  The  contending  warriors,  like  two  mighty  torrents  from 
the  mountains,  rush  upon  each  other  and  mingle  in  the  bloody  strife.  The 
clangor  and  the  din  of  arms  resound  from  every  side;  the  inspiring 
trumpet  sends  forth  its  war-like  accents,  urging  on  to  deeds  of  valour. 
The  engines  of  destruction  pour  their  thunders  thick  around ;  the  blazing 
flashes,  like  the  faint  coruscations  of  an  exhausted  cloud  which  ever  and 
anon  shoots  its  pale  ray  across  the  horizon,  pierce  the  darkness  which  is 
gathering  upon  the  view.  The  clashing  of  the  swords  of  hosts  innumer 
able,  the  shouts  of  the  combatants  arid  the  groans  of  the  dying,  sound  upon 
the  ear,  and  at  length  all  is  lost  in  the  loud  triumph  of  victory.  If  such, 
then,  be  the  power  of  imagination,  and  that  it  is  experience  cries  aloud; 
and  if  reason  and  reality  be  so  lost  in  the  agitation  of  the  moment — if  the 
emotions  excited  by  a  particular  remembrance  and  a  vivid  description  of 
facts  be  of  the  same  nature — can  ,there  be  any  difference  whether  this  de 
scription  is  really  true  or  depicted  by  the  pencil  of  fiction?  If  the  action 
of  the  senses  can  thus  be  destroyed  though  for  an  instant  by  the  influence 
of  truth  upon  the  passions,  is  it  to  be  supposed  that  with  the  same  kind  of 
excitation,  reflection  will  offer  its  assistance  to  detect  the  fallacy  of  fic 
tion? 

But  fiction  has  a  yet  more  extensive  power  over  the  human  mind.  The 
narrator  of  facts  is  confined  within  certain  limits  beyond  which  he  can 
not  pass ;  he  has  before  him  but  a  single  page  of  the  book  of  nature,  and 
it  cannot  excite  surprise  if  in  this  fragment  the  dispensations  of  Provi 
dence  should  appear  unjust.  Restrained,  however,  by  this  semblance  of 
inconsistency  genius  forgets  its  powers  and  sinks  in  despair.  But  the 
writer  of  fiction  has  before  him  the  universe — he  can  select,  vary  and 
complicate  his  plan  so  as  to  embrace  any  object  which  he  deems' worthy 
33 


514  COLLEGE  ESSAYS  AND  ORATIONS. 

of  pursuit.  The  experience  of  mankind,  the  faculties  of  his  own  nature, 
the  whole  creatioji  offer  materials  to  his  work.  The  passions  of  the  soul 
are  at  his  command  and  he  can  mould  them  at  his  pleasure.  He  is  able 
to  awaken  their  energies  to  deeds  of  valour,  draw  forth  their  sympathy 
for  the  sufferings  of  the  unfortunate  and  allure  them  to  the  path  of  rec 
titude.  The  streams  of  Pieria  roll  along  their  gentle  currents  to  waft 
their  beauties  to  the  throne  of  fiction.  The  muses  of  Parnassus  decked  in 
the  garlands  of  spring  convey  their  choicest  flowers  to  adorn  her  altars. 

Like  the  morning  beam,  breaking  from  the  lofty  summit  of  a  craggecl 
mountain,  and  shedding  a  beauteous  resplendency  upon  the  vale  below^ 
so  does  the  approach  of  fiction  illumine  the  far-extended  fields  of  poetry. 
Blossoms  and  flowers  spring  up  from  beneath  her  feet,  and  the  mantle 
of  pleasure  covers  every  object  around.  Enlightened  by  the  splendor 
of  her  presence  and  released  from  the  shackles  of  darkness  which  had 
hitherto  enthralled  him,  the  genius  of  eloquence  bursts  forth  in  all  his 
native  effulgency,  and  astonishes  the  world  by  the  vastness  of  his  power. 
Fostered  by  her  smiles  and  cherished  in  her  bosom,  the  goddess  of  virtue 
raises  her  drooping  head  and  again  shines  in  all  her  original  majesty. 
Her  votaries,  who  had  almost  revolted  from  her  impotent  dominion,  nov»- 
receive  encouragement  from  her  lips  and  she  urges  them  on  to  their 
destined  course.  The  voice  of  fiction  is  heard  exciting  them  to  action; 
in  one  hand  she  displays  happiness  and  honor  as  rewards  to  their  exer 
tions,  while  from  the  other  she  hurls  the  thunders  of  infamy  upon  the 
enemies  to  their  progress.  The  mansions  of  never-ending  peace  appear 
before  them,  and  no  enemy  dare  impede  them.  The  dark  clouds  of 
adversity,  which  seemed  only  waiting  for  their  approach  to  pour  down 
their  torrents  upon  them,  are  no  longer  to  be  seen.  The  monsters  of 
destruction  and  misery,  which  ever  and  anon  had  thrust  forth  their  mis. 
created  fronts  to  intimidate  them  in  their  course  are  prostrate  at 
their  feet,  and  the  insuperable  difficult  ties  which  before  obstructed 
their  path  are  now  levelled  to  the  earth.  A  serene  and  beauteous  pros-* 
pect,  bounded  only  by  the  blissful  mansions  of  felicity  lies  extended 
before  them,  and,  like  a  gentle  stream,  rolling  in  tranquillity  along 
its  fragrant  banks,  they  pursue  their  way  to  the  ocean  of  enjoyment, 


"TO  AFFORD  AID  TO  THE  BLUE  RIDGE  RAILROAD." 

SPEECH  OF  C.  G.  MEMMINGER    IN  THE    HOUSE    OF   REPRESENTATIVES 
OF  SOUTH    CAROLINA,    DECEMBER    SESSION,  1858. 


MR  SPEAKER, — In  discharging  the  duty  which  is  incumbent  upon  me  as 
chairman  of  the  committee  which  has  reported  the  bill  on  your  table,  I 
acknowledge  myself  to  be  oppressed  with  a  weight  of  responsibility. 


APPENDIX.  515 

Four  years  ago  the  State  embarked  with  the  city  of  Charleston  in  the  en 
terprise  of  scaling  the  Blue  Ridge  by  a  railroad.  Each  embarked  one 
million  of  dollars,  and  the  State  (to  encourage  the  work)  undertook  to 
guaranty  a  million  more.  Private  individuals  added  two  hundred  and 
fifty  thousand  dollars,  and  the  work  has  steadily  progressed,  until  over 
one-third  of  it  is  accomplished.  Of  the  great  tunnel  through  the  Blue 
Ridge,  more  than  one-half  is  finished ;  of  the  whole  grading  in  South  Car 
olina,  three-fourths  are  completed,  and  nearly  one-half  of  the  mountain 
grading  in  Georgia ;  of  the  great  tunnel  in  Georgia,  more  than  one-fourth 
is  completed;  one-half  of  the  bridge  masonry  in  South  Carolina  is  done, 
and  many  thousands  of  dollars  have  been  expended  upon  the  culverts 
and  other  work.  More  than  two  millions  of  money  have  been  laid  out  in 
this  great  work,  and  must  now  be  irrecovably  lost,  if  you  abandon  the  en 
terprise,  and  with  it  the  character  of  the  State  for  constancy  and  perse 
verance. 

Other  nations  have  spent  millions  in  rearing  monuments  to  their  en 
ergy  and  skill.  Even  now,  the  Egyptian  monarchs  who  reared  the  colos 
sal  structures  at  Karnac  and  Philae  live  in  our  imaginations  as  some 
gigantic  race.  Cephrenes,  as  he  silently  slumbers  in  his  pyramid,  and 
Rameses,  as  he  sits  in  serene  majesty  upon  his  gigantic  throne  in  the 
desert,  elevate  our  conceptions  of  the  power  and  skill  of  man.  And  when 
we  turn  westward,  among  those  nobler  monuments  of  art  and  science 
which  bear  witness  to  the  genius  of  Greece  and  Rome,  we  bow  in  rever 
ence  before  these  master  workers  of  our  race.  Amidst  the  ruins  of  Greece, 
the  Parthenon  and  the  temple  of  Theseus  still  exhibit  themselves  as  the 
fitting  abodes  of  the  magnificent  creations  of  Phidias  and  Praxiteles ; 
and  the  structure  which  we  are  now  rearing  for  our  capitol,  borrows  its 
choicest  decorations  from  the  genius  of  Athenian  artists.  And  to  descend 
still  further  down  to  the  absolute  utilia,  no  one  who  approaches  Rome 
upon  the  Appian  Way,  can  withhold  his  admiration  from  that  noble  race 
which  graved  its  name  and  its  institutions  upon  every  spot  of  earth  which 
it  visited,  and  which,  amidst  all  its  ruthlessness  and  its  crimes,  stamped 
the  nations  into  civilization,  and  encircled  them  with  a  wreath  of  peace 
and  good  order. 

Modern  nations,  too,  have  one  and  all  sought  to  rear  monuments  to 
their  genius  and  enterprise.  Amidst  all  his  schemes  of  conquest,  Napo 
leon  had  never  forgotten  the  example  of  the  Romans,  and  one  of  his  no 
blest  monuments  still  stands  at  the  Pass  of  the  Simplon.  The  very  soil 
of  Holland  is  a  monument  to  her  ancient  perseverance  and  energy,  while 
England,  in  every  part,  from  the  Menai  strait  to  the  Caledonian  canal,  is 
a  rich  mosaic  of  enterprise,  the  living  witness  of  her  constancy  and  skill. 

Our  own  country,  although  the  latest  to  enter  these  lists  of  noble  dar 
ing,  has  not  been  found  wanting.  Everywhere,  from  Canada  to  the  Mis 
sissippi,  have  noble  works  been  undertaken  and  accomplished.  The 
teeming  valleys  of  the  West  have  been  the  great  prize  in  view.  Each 


516  SPEECH  ON  THE  BLUE  RIDGE  RAILROAD. 

State,  in  turn,  has  put  forth  a  mighty  effort  to  gain  it.  Massachusetts, 
New  York,  Pennsylvania,  Maryland,  Virginia,  North  Carolina,  Georgia, 
each  and  all  have  entered  this  great  arena,  and  each  and  all  have  ac 
complished  what  they  attempted.  South  Carolina,  also,  has  entered 
the  lists.  With  a  seaport  superior  to  many  of  the  others — with  ad 
vantages  far  beyond  her  neighbors — young,  vigorous  and  unencum 
bered  by  debt,  she  boldly  put  in  for  the  prize;  she  commenced  the 
race,  she  had  half  finished  her  course,  but,  alas!  the  courage  of  part 
of  her  sons  has  failed,  and  they  would  compel  their  more  ardent 
brethren  to  rein  in  their  gallant  coursers,  and,  by  a  sudden  change  of 
purpose,  to  overturn  and  break  in  pieces  the  noble  chariot  which  has 
already  half-scaled  the  mountains.  Other  nations  have  reared  monu 
ments  to  their  skill  and  perseverance,  but  in  the  half-finished  tunnels,  in 
the  crumbling  bridges  and  ruined  cuts  through  hills  and  mountains, 
South  Carolina  is  to  leave  a  monument  of  inconstancy  and  feebleness. 
Other  States  had  undertaken  and  accomplished  the  passage  of  the  moun 
tains.  South  Carolina,  if  she  now  abandons,  is  to  show  that  she  had  zeal 
and  energy  to  begin,  but  wanted  constancy  and  perseverance  to  accom 
plish. 

For  one,  I  can  never  consent  that  such  a  page  be  written  in  her  history. 
I  would  rather  take  the  money  which  we  are  lavishing  so  wastefully  on 
the  capitol  before  us — I  would  rather  submit  to  any  increase  of  taxation 
— to  avert  so  degrading  a  result.  I  shall  presently  show  that  the  work 
can  be  accomplished  with  a  very  small  addition  to  the  taxes  ;  but  when  it 
is  proposed  to  abandon  a  work  which  has  already  cost  more  than  two  mil 
lions  of  dollars,  at  such  a  loss  of  fair  fame  to  the  State,  surely  every  one 
of  her  sons  will  be  ready  to  make  some  sacrifice.  How  else  can  we,  in 
times  to  come,  give  an  answer  to  our  children,  when  they  shall  ask  us, 
what  means  this  half-bored  tunnel?  these  gaping  clefts  in  the  hills?  these 
bare  and  wasting  embankments?  Will  it  not  humble  us  to  the  dust  to  be 
obliged  to  answer :  These  are  the  monuments  of  our  folly  ;  we  coveted  a 
great  prize — we  started  in  the  race — we  began  to  build,  but  we  had  not 
the  courage  to  go  on. 

I  appeal,  then,  to  every  section  of  the  State  to  come  up  to  the  aid  of  this 
great  work,  and  avert  so  dire  a  calamity.  Let  us  take  counsel  together, 
and  see  if  there  be  not  some  way  of  avoiding  the  loss  and  discredit  in 
volved  in  the  abandonment  of  this  work.  If,  indeed,  the  enterprise  be  be 
yond  our  strength,  if  it  would  involve  the  State  in  hopeless  embarrass 
ment,  if  the  objects  proposed  by  a  Western  connection  have  ceased  to  be 
Valuable,  then  abandonment  may  be  both  wise  and  necessary.  But, if  (as 
I  am  prepared  to  show)  the  objects  still  remain  the  same,  and  the  enter 
prise  can  easily  be  accomplished  with  the  means  at  our  command,  why 
should  not  every  son  of  South  Carolina  unite  as  one  man  and  urge  for 
ward  its  accomplishment. 


APPENDIX.  5X7 

I  perceive  with  regret  that  many  of  our  friends  from  the  eastern  part 
of  the  State  are  opposed  to  its  prosecution.  May  I  not  claim  their  sym 
pathy  for  the  city  of  Charleston,  which  has,  as  it  were,  embarked  her 
whole  fortunes  in  the  enterprise.  That  city  and  its  representatives  gen 
erously  aided  the  Wilmington  and  Manchester  railroad,  although  they 
knew  it  would  carry  away  a  large  amount  of  travel  from  their  own  doors. 
The  same  city  has,  almost  single-handed,  opened  another  avenue  to  them 
by  the  Northeastern  railroad.  They  have  done  what  they  could  to  aid  the 
Cheraw  and  Darlington  railroad.  As  the  great  centre  of  trade  for  the 
State,  the  whole  State  is  interested  in  the  welfare  of  Charleston.  Is  it  not 
wise  and  judicious  that  the  parent  should  extend  a  helping  hand  to  a 
child  who  has  exhausted  his  strength  in  an  effort  to  promote  the  general 
welfare  of  the  whole  family? 

And  to  the  southern  section  of  the  State,  may  we  not  also  appeal?  Our 
friends  from  Barn  well,  Colleton  and  Edgefield,  surely  have  not  forgotten 
that  Charleston  alone  (and  I  may  say  unaided)  constructed  to  their  doors 
the  Hamburg  railroad,  which  has  more  than  doubled  the  value  of  their 
lands,  and  given  to  them  all  the  facilities  which  they  now  enjoy.  The 
Charleston  and  Savannah  railroad  owes  its  existence  also  to  Charleston 
capital,  and  the  city  corporation  has  encountered  a  heavy  debt  to  insure 
its  completion. 

Our  treasure  has  been  freely  brought  out,  and  thrown  broadcast  over 
the  land.  The  Charlotte  and  Columbia  railroad,  the  Greenville  and  Co 
lumbia  railroad,  the  Laurens  and  the  Spartanburg  and  Union  railroads, 
have  all  been  nurtured  by  it.  We  have  done  what  we  could  for  your 
benefit  from  the  very  commencement  of  internal  improvement.  When 
you  brought  forward  your  schemes  of  canals  and  river  improvements,  we 
freely  voted  you  our  money.  I  say  our  money,  because  we  pay  nearly 
one-fourth  of  the  taxes  of  the  State.  When,  therefore,  you  spent  the  mil 
lions  on  your  Rocky  Mount  canal  and  other  public  works  in  the  middle 
country,  we  hesitated  not  to  come  to  your  aid;  and  from  the  Saluda 
Mountain  road  to  the  Columbia  canal,  Charleston  \vill  be  found  to  have 
been  a  fast  and  continuing  friend  of  every  projected  improvement.  Are 
we  not  entitled,  then,  to  claim  your  sympathy  and  co-operation  in  this 
Blue  Ridge  enterprise,  which  we  have  undertaken  together,  and  into 
which  we  would  not  have  embarked  our  means  but  for  the  encourage 
ment  and  aid  which  your  co-operation  had  promised. 

It  is  true  that  the  State  did  not  directly  pledge  herself  to  its  accomplish 
ment.  She  did  not  say,  in  so  many  words,  that  she  would  undertake  and 
carry  out  the  work,  but  she  certainly  did  so  indirectly,  and  she  is  bound 
to  go  forward  upon  the  same  principle  which  requires  every  man  of  honor 
to  fulfill  expectations  which  he  has  created  and  fostered.  It  is  true  that 
you  prescribed  certain  conditions  to  the  guaranty  of  the  bonds  of  the 
Blue  Ridge  company,  but  you  were  informed  a  year  ago  that,  by  the  fail- 


518  SPEECH  ON  THE  BLUE  RIDGE  RAILROAD. 

ure  of  Bangs  &  Co.,  those  conditions  had  become  impracticable,  and  you 
were  then  invited  to  express  your  determination  not  to  go  on  if  you  in 
tended  to  insist.  You  declined  any  such  expression,  and  in  consequence 
of  that  individuals  have  subscribed  two  hundred  and  thirty-five  thousand 
dollars  additional.  Since  then  more  than  a  million  of  your  money  and  of 
the  city's  has  been  expended  upon  the  road.  You  have,  yourselves,  en 
couraged  the  expectation  that  you  would  not  abandon,  and  you  are  equi 
tably  bound  to  fulfill  this  expectation.  Every  consideration  of  national 
character,  of  elevated  morals,  and  of  kindly  feeling,  unite  to  prevent  the 
abandonment  of  this  great  Avork. 

The  bill  on  your  table,  Mr.  Speaker,  merely  proposes  to  dispense  with 
the  condition  attached  to  the  aid  already  agreed  to  be  afforded.  In  1854, 
when  the  State  engaged  in  this  work,  she  subscribed  one  million  of  dollars 
in  stock,  and  agreed  to  guarantee  one  million  of  the  bonds  of  the  company 
whenever  they  could  give  reasonable  assurance  that  additional  means 
could  be  procured  to  make  the  road  in  North  Carolina,  Georgia  and  Ten 
nessee.  The  State  of  Tennessee  had  agreed  to  furnish  additional  means 
in  that  State,  and  by  a  contract,  made  with  persons  who  were  represented 
to  be  good  by  the  highest  authority,  sufficient  additional  means  were 
offered  to  comply  with  the  terms  of  the  condition.  The  work  accordingly 
was  prosecuted  with  vigor,  but  the  failure  of  the  contractors  disappointed 
the  expectations  of  all  parties,  and  compelled  the  president  of  the  road  to 
appear  before  the  Legislature  at  the  last  session  and  to  make  the  appeal 
already  alluded  to.  The  Legislature  left  the  whole  matter  as  it  then 
stood  and  allowed  the  company  to  make  use  of  the  million  of  dollars  of 
subscription  already  made.  This  sum  they  have  expended  in  a  vigorous 
prosecution  of  the  work,  and  they  now  ask  that  the  million  of  bonds  may 
be  guaranteed  without  insisting  on  the  condition  which  the  failure  of  the 
contractors  has  rendered  it  impossible  for  the  company  to  fulfill. 

The  bill,  therefore,  asks  no  new  subscription ;  it  simply  seeks  to  make 
effective  the  aid  already  granted.  It  is  due  to  candor,  however,  to  say 
that  this  really  involves  a  grant  of  such  further  aid  as  will  be  necessary  to 
complete  the  road  with  such  assistance  as  may  be  had  from  Tennessee,  for 
it  is  plain  that  Georgia,  so  far  from  aiding  the  road,  would  prefer  its  aban 
donment.  It  passes  through  a  mere  corner  of  her  territory  and  is  a  com 
peting  route  with  her  great  State  road.  North  Carolina,  too,  lias  her 
own  plan  for  reaching  the  AVest,  and  as  this  road  would  materially  affect 
her  schemes,  it  is  not  reasonable  to  expect  aid  from  her.  Tennessee  and 
South  Carolina  alone  are  interested  in  the  road,  and  it  is  clear  that  if  the 
road  be  made  at  all  they  must  make  it.  In  no  part  of  the  Union  has  indi 
vidual  capital  been  able  to  undertake  a  road  passing  through  a  mountain 
region  like  this.  The  undertaking  is  too  extensive  and  the  profit  too  re 
mote  to  induce  individual  subscriptions  It  is,  therefore,  of  necessity,  a 
State  work.  Georgia  so  considered  it  when  she  expended  five  millions  to 
make  this  single  link  in  her  State.  She  began  her  road  in  what  was  then 


APPENDIX.'  519 

an  Indian  wilderness  and  carried  it  forward  with  a  constancy  which  is 
worthy  of  imitation.  While  engaged  in  the  work  she  actually  had  to  sell 
her  State  bonds  at  sixty,  and  even  at  fifty  cents  in  the  dollar ;  yet  she 
never  faltered,  and  the  Georgia  State  road  now  stands  as  her  Appian  Way 
to  the  valley  of  the  great  West.  Virginia  has  scaled  the  mountains  with 
her  characteristic  vigor  at  two  points,  and  the  road  from  Petersburg, 
through  Lynchburg  to  Bristol,  is  already  reaping  a  golden  harvest  for  the 
means  invested  in  it.  North  Carolina  has  carried  forward  her  State  road 
entirely  by  State  funds,  and  it  is  clear  that  this  road  of  ours  must  be  ac 
complished  in  the  same  way. 

This  point,  it  seems  to  me,  was  settled  here  four  years  ago,  when  the 
State  agreed  to  put  two  millions  of  her  money  in  this  road.  It  had,  in 
fact,  been  settled  twenty  years  before,  when,  under  the  counsel  of  the 
greatest  men  in  our  State,  we  chartered  the  great  railroad  to  Louisville 
and  Cincinnati.  The  akj  granted  to  that  road  is  almost  identical  with 
that  asked  now.  The  State  subscribed  one  million  of  dollars,  and  guar 
anteed  the  bonds  of  the  company  for  two  millions  more.  And  although 
that  great  work  was  abandoned,  from  causes  beyond  our  control,  yet  it 
has  been  the  mother  of  all  our  interior  railroads,  and  has  not  cost  the 
State  a  single  dollar  of  her  money.  In  fact,  although  the  guaranty  yet 
continues,  the  State  has  well-nigh  forgotten  it,  because  the  South  Caro 
lina  railroad  company  is  so  well  able  to  discharge  it.  This  Blue  Ridge 
railroad  proposes  the  same  objects  which  were  proposed  by  the  Louis 
ville  and  Cincinnati  road.  Like  that,  it  asks  State  aid,  and  the  same 
three  millions  which  were  given  to  the  former,  is  precisely  what  is 
required  for  the  latter.  That  was  voted  under  the  sanction  of  Hayne, 
Hamilton,  Blanding,  McDunie,  Elmore,  Davie  and  a  host  of  other  true 
sons  of  the  State ;  and  surely  there  are  as  many  of  her  true  sons  now 
willing  to  hazard  as  much  of  their  future  earnings  for  her  welfare. 

It  surely  will  not  be  said  that  the  objects  to  be  attained  by  a  Western 
connection  are  less  desirable  now  than  they  were  in  1836.  Is  Southern 
commercial  independence  less  desirable  now  than  it  was  then  ?  Is  a 
band  of  iron,  connecting  together  the  Southern  and  Southwestern  States, 
less  desirable  now  than  was  one  between  South  Carolina  and  Ohio  in  1836? 

The  Blue  Ridge  railroad  has  taken  the  precise  change  of  direction 
which  events  have  shown  to  be  most  desirable.  It  substitutes  a  con 
nection  with  Tennessee,  Alabama,  Mississippi  and  Kentucky,  for  one 
farther  North,  with  Ohio  and  Indiana.  It  takes  the  very  route  which 
Mr.  Calhoun,  Mr.  Poinsett  and  General  Gadsden,  as  far  back  as  1836, 
pronounced  to  be  preferable  to  that  by  the  French  Broad. 

And  is  Southern  commercial  independence  no  longer  an  object  worthy 
of  effort  ?  If  we  will  but  review  the  history  of  the  last  two  years,  we  will 
see  that  a  release  from  the  trammels  which  bind  our  commerce  to 
Northern  cities,  would,  by  the  savings  of  that  period  alone,  have  sufficed 
to  build  this  road. 


520  SPEECH  ON  THE  BLUE  RIDGE  RAILROAD. 

We  may  all  remember  that  in  the  summer  of  1857,  our  whole  Southern 
country  was  in  the  enjoyment  of  tranquillity  in  its  business.  Cotton 
bore  a  good  price  and  ready  sale.  Our  customers  in  Europe  had  met 
with  no  disasters,  and  were  steadily  working  up  our  products.  Suddenly 
a  blast  from  the  Northern  banks  blew  over  the  continent  and  overturned 
commercial  credit.  It  reached  across  the  ocean,  involving  our  foreign 
customers,  and  along  with  it  were  involved  our  own  banks.  Then  came 
a  sudden  fall  of  Southern  produce,  and  the  result  was  a  loss  to  the 
entire  Southern  country  of  nearly  one-third  of  the  value  of  the  whole 
crop.  The  sole,  the  entire  cause  of  this  disaster,  was  Northern  specula 
tion  and  irregular  business.  Our  business  was  free  from  convulsion,  our 
finances  were  involved  merely  by  our  connection  with  the  North.  And 
if  we  had  been  dealing  directly  with  our  customers  in  Europe,  both 
they  and  we  would  have  escaped  from  disaster.  "Where  is  the  necessity 
of  employing  a  third  party  to  intervene  between  us  and  our  customers  ? 
We  need  their  manufactures  and  they  need  our  products.  Why  should 
we  not  manage  the  exchanges  ourselves  ? 

It  was  the  noble  effort  to  effect  this  result  that  induced  our  master 
minds  to  undertake  these  Western  connections.  It  was  observed  that 
since  the  age  of  conquest,  commerce  and  maritime  importance  depend 
upon  internal  communications.  The  Erie  canal  and  the  Hudson  river 
had  given  the  start  to  New  York.  Boston  had  secured  herself  by  reach 
ing  across  with  a  railroad  to  the  Hudson.  Philadelphia  had  been  joined 
to  Pittsburg  by  a  magnificent  chain  of  public  works;  and  Baltimore 
had  doubled  and  trebled  her  commerce  by  the  Baltimore  and  Ohio  rail 
road.  Richmond  and  Petersburg  had  stirred  up  the  ancient  Dominion  to 
open  lines  for  them  to  the  great  West ;  and  Savannah  on  one  side  of  us 
and  Wilmington  on  the  other,  had  by  the  vigorous  and  well  directed  ef 
forts  of  their  respective  States,  extricated  themselves  from  their  original 
condition  of  isolation  ;  and  if  any  one  would  desire  to  realize  the  value 
of  such  efforts,  let  him  remove  in  imagination  Charleston  and  these  other 
cities  from  their  connection  with  railroads,  and  picture  to  himself  the  sol 
itude  and  desertion  which  their  streets  would  exhibit. 

In  respect  to  Charleston,  the  inducements  to  this  Western  connection 
have  within  the  last  four  years  been  greatly  increased.  By  judicious  ef 
forts  directed  to  her  bar,  ships  of  much  increased  draught  can  enter  her 
port,  and  there  is  every  reason  to  hope  that  a  continuance  of  these  ef 
forts  will  give  her  one  of  the  best  ports  at  the  South.  Within  the  last 
twenty  years  (since  the  great  fire  of  1838)  the  city  has  almost  been  en 
tirely  rebuilt  in  a  style  and  upon  a  scale  that  does  credit  to  her  taste 
and  good  judgment.  Instead  of  a  hamlet  of  wooden  structures,  she  is 
now  a  city  of  brick,  and  if  by  the  mercy  of  God,  she  can  find  means  to 
exclude  the  pestilence  which  has  recently  so  sadly  afflicted  her,  she  may 
take  her  place  as  the  true  emporium  of  Southern  commerce. 


APPENDIX.  52P 

A  great  and  unnecessary  link  in  the  chain  of  second  causes  to  her  ad 
vancement,  and  with  her's  to  the  advancement  of  our  whole  State,  is  this 
great  railroad  communication.  Shall  it  be  abandoned?  Shall  the  chain 
which  has  already  cost  us  two  millions  of  dollars  be  broken  and  the  whole 
be  cast  into  the  sea  ?  This  is  the  great  question  now  before  us  ;  and  to 
its  proper  solution  it  is  necessary  to  pursue  the  following  inquiries : 

1.  'What  will  it  cost  the  State  to  go  on  and  complete  the  work  ?  2.  Are 
her  resources  competent  to  pay  this  additional  cost  ?  3.  Will  the  road 
compensate  for  such  outlay — or  is  it  more  to  the  advantage  of  the  State 
to  abandon  what  has  been  paid  ? 

1.  What  will  it  cost  the  State  to  go  on  and  complete  the  work  ? 

In  pursuing  this  inquiry,  I  assume  that  no  additional  aid  is  to  be  de 
rived  from  any  other  State.  Although  I  think  there  is  a  reasonable  cer 
tainty  that  Tennessee  will  increase  her  contribution  whenever  she  is  sat 
isfied  that  the  road  will  reach  her  borders,  yet  I  admit  that  at  this  point 
of  the  inquiry,  it  is  proper  to  confront  the  whole  difficulty,  and  assume 
the  least  favorable  view. 

The  estimate  of  cost  for  the  road  as  settled  by  Colonel  Gwynn,  has 
been  proved  to  be  reliable  by  the  work  already  done.  It  is  based  on  con 
tracts  for  the  most  substantial  kind  of  work  and  sets  down  the  whole 
cost  at  $7,725,677.  The  work  already  done  has  cost  $2,126,539,  so  that 
there  remains  to  be  done  $5,599,138. 

To  meet  this  balance  the  company  proposes  that  the  State  shall  release 
the  condition  attached  to  the  one  million  of  bonds,  authorized  to  be  guar 
anteed  by  the  act  of  1854.  These  bonds,  with  the  funds  in  hand,  will  en 
able  the  road  to  be  prosecuted  vigorously  during  the  coming  year ;  at 
the  end  of  which  they  propose  that  the  State  shall  subscribe  one  million 
of  dollars  to  the  stock  of  the  road.  With  this  subscription  the  road  can 
be  vigorously  continued  for  another  year;  and  such  will  then  be  the  con 
fidence  in  the  final  completion  of  the  road,  that  there  will  be  little  or  no 
difficulty  in  disposing  at  fair  prices  of  the  mortgage  bonds  of  the  com 
pany.  Similar  bonds  have  already  built  all  the  roads  in  our  State,  as  well 
as  elsewhere.  The  outlay  on  the  road  would  then  be  sufficient  to  secure 
both  the  mortgage  bonds  and  the  guaranty  of  the  State,  both  of  which 
are  already  protected  by  a  mortgage  on  all  the  roads.  The  means  of  the 
company  would  then  stand  thus : 

1.  Resources  of  company  yet  on  hand,  per  president's  report,  $   945,178 

2.  State  guaranty •   •   • .    1,000,000 

3.  State  subscription .    1,000,000 

4.  Tennessee  subscription •      640,000 

5.  First  mortgage  bonds 1,308,000 

Total 4,893,178 

To  pay 5,599,138 

Deficiency :  ....  $    705,960 


522  SPEECH  ON  THE  BLUE  RIDGE  RAILROAD. 

This  deficiency,  it  is  believed,  can  be  met  by  increasing  the  mortgage 
bonds  to  that  extent,  inasmuch  as  they  would  constitute  a  lien  upon  a 
work  then  certainly  worth  its  cost,  say,  $7,725,677. 

According  to  this  programme,  the  whole  amount  of  additional  subscrip 
tion  required  of  the  State  will  be  one  million  of  dollars,  to  be  subscribed 
at  the  end  of  next  year.  The  one  million  of  guaranty,  which  is  now  to 
be  given,  is  secured  by  a  mortgage  upon  the  road  already  executed  in 
conformity  to  the  act  of  1854.  If  the  road  progresses,  this  guaranty  is 
fully  secured,  and  will  call  for  no  money  from  the  treasury.  The  bonds 
guaranteed  are  the  company's  bonds,  and  the  company  must  provide  for 
the  interest.  The  interest  on  the  State  bonds,  issued  for  the  first  sub 
scription,  has  been  hitherto  paid  by  the  bank,  and  will  continue  to  be 
paid ;  so  that  the  only  payment  which  will  be  required  from  the  State 
treasury  will  be  the  interest  on  the  million  of  subscription  proposed  to  be 
asked  for  next  year.  The  whole  interest  of  the  State  in  the  road  com 
pleted  on  this  plan,  will  then  be — 

1.  The  subscription  already  made  and  spent $1,000,000 

2.  The  second  subscription  asked  for 1,000,000 

3.  The  State's  guaranty  of  the  company's  bonds,  secured  by 

mortgage 1,000,000 

Total $3,000,000 


Suppose,  in  the  worst  aspect  of  the  case,  the  deficiency  of  $705,960,  ex 
pected  to  be  raised,  as  above  stated,  from  mortgage  bonds,  should  be  cast 
upon  the  State ;  it  surely  would  not  be  equivalent  to  throwing  away  the 
million  of  dollars  already  actually  spent  upon  the  road.  So  that  the  just 
and  fair  aspect  of  the  whole  extent  to  which  the  State  is  to  be  involved, 
is  for  one  million  of  additional  subscription  and  one  million  of  guaranty. 

I  have  not  taken  into  account  the  money  requisite  for  what  is  called  the 
rolling  stock  of  the  road,  for  the  reasons  assigned  in  the  president's  re 
port.  These  can  be  purchased  from  the  current  income  whenever  the 
road  is  in  operation,  and  in  the  same  manner  as  is  common  with  other 
railroad  companies.  In  the  inception  of  the  road  the  amount  required 
will  be  small,  and  can  be  increased  from  time  to  time  as  the  business  of 
the  road  increases. 

2.  This  brings  us  to  the  second  enquiry :  Are  the  resources  of  the  State 
competent  to  meet  these  demands  ? 

The  assets  of  the  State  of  South  Carolina  consist  of — 

1.  Sundry  railroad  stocks,  set  down  at  par,  at $2,142,000 

2.  Bank  capital,  sinking  fund,  and  fire  loan 4,132,098 

$6,274,088 

The  railroad  stocks,  above  set  down,  would  not  be  available  to  pay  off 
debt  at  the  present  time ;  but  in  estimating  the  actual  resources  of  the 


APPENDIX:  523 

State,  they  are  to  be  considered  with  a  view  to  their  prospective  value 
some  twenty  or  thirty  years  hence,  when  the  bonds  of  the  State  become 
payable. 
The  actual  debt  of  the  State  consists  of  three  items  : 

1.  The  balance  due  upon  the  fire  loan  of  Charleston '.....  $1,239,000 

2.  Debt  for  new  capitol 1,050,000 

3.  For  Blue  Ridge 1,000,000 

4.  Some  small  items  not  sufficient  for  present  consideration. 

The  first  item  becomes  payable  at  intervals,  so  arranged  as  to  be  met 
by  the  bank,  which,  in  fact,  has  loaned  out  the  money.  Arrangements 
have  been  made  by  the  bank  to  pay  off  $400,000  of  this  amount  from  its 
income  on  the  1st  January,  1860,  and  the  balance  when  it  becomes  pay 
able  ;  of  course  every  payment  upon  this  debt  leaves  so  much  more  of 
the  future  income  of  the  bank  free  for  other  uses.  Consequently,  the 
available  income  of  the  bank  will  reach  from  two  hundred  thousand  to 
three  hundred  thousand  dollars  annually ;  and  the  debt  of  the  State,  if 
made  payable  in  instalments  not  to  exceed  those  sums,  can,  therefore, 
be  paid  from  the  income  of  the  bank  without  diminishing  its  capital. 
Thus,  in  twenty  years  from  1860,  the  bank  could  be  able  to  pay,  in  this 
wray,  from  six  to  eight  millions  of  dollars.  All  that  is  requisite  is  to  leave 
its  income  free.  This  involves  the  payment  of  interest  by  the  State.  In 
other  words,  if  the  State  treasury  will  pay  the  interest  on  any  debt 
created  for  the  Blue  Ridge  railroad,  or  for  the  capitol,  the  bank  can  pay 
the  principal,  if  you  give  it  time  ;  the  time  must  be  in  proportion  to  the 
extent  of  debt  incurred.  Six  millions  can  be  paid  in  twenty-five  years  ; 
nine  millions  in  about  thirty  years. 

The  result  of  this  examination  is,  that  if  the  State  subscribe  one  mill 
ion  more  to  the  Blue  Ridge  railroad,  the  treasury  will  be  called  on  to 
pay  the  interest,  amounting  to  sixty  thousand  dollars,  which  is  equiva 
lent  to  an  increase  of  an  eighth  upon  the  taxes  of  the  last  year.  And 
so,  if  the  State  shall  embark  two  millions,  the  taxes  will  be  increased 
one-fourth,  or  just  about  nineteen  cents  a  head  on  each  negro ;  and  so  in 
proportion  on  lands  and  other  subjects.  Every  man  can  measure,  there 
fore,  the  additional  burthen  which  this  great  work  will  impose  upon 
him,  in  any  event,  by  calculating  what  is  one-fourth  of  his  tax  paid  in 
1858.  When  this  figure  is  ascertained,  there  will  be  but  one  opinion  as 
to  the  perfect  competency  of  the  State  to  meet  this  demand  upon  her 
treasury.  Surely,  no  citizen  will  hesitate  to  pay  this  small  additional 
sum  to  save  her  from  the  loss  and  discredit  of  abandoning  this  great 
enterprise. 

3.  We  come,  now,  to  the  third  enquiry :  Will  the  road  compensate  for 
this  outlay  ?  or  shall  the  State  abandon  the  amount  already  spent  ? 

I  have  already  presented  to  your  view  the  first  great  consideration 
which  has  led  to  these  western  communications.  I  have  shown  you  that 


524  SPEECH  ON  THE  BLUE  RIDGE  RAILROAD. 

all  the  statesmen  to  whom  South  Carolina  has  looked  for 
during  the  last  twenty  years,  have  united  in  advising  her  to  attempt  that 
connection.  Even  here,  the  opponents  of  the  relief  now  asked  for,  are 
obliged,  indirectly,  to  sanction  the  scheme  of  a  western  connection. 
One  of  our  leading  opponents  said,  that  when  the  bar  of  Charleston  was 
further  deepened,  it  would  be  the  proper  time  to  open  this  connection. 
Another,  in  a  speech  on  a  former  occasion,  opposed  this  scheme,  but  ad 
vised  a  new  one,  to  start  from  Port  Koyal,  which  was  to  absorb  both  the 
South  Carolina  and  the  Blue  Ridge  railroad.  The  honorable  member 
from  Union  has  actually  introduced  a  bill,  proposing  that  the  State  shall 
indorse  one  million  of  bonds  for  the  French  Broad  railroad.  All  these 
antagonists  thus  pronounce  a  definite  judgment  in  favor  of  the  connec 
tion.  They  merely  differ  as  to  time  and  circumstance ;  and  thus  leave  a 
mere  fragment  of  the  State  in  opposition  to  the  project  of  western 
connection. 

We  are,  therefore,  warranted  in  saying  that,  for  twenty  years  past  up  to 
the  present  moment,  the  judgment  of  the  whole  State  has  been  in  favor 
of  a  railroad  connection  with  the  West.  This  judgment  is  a  considerable 
advance  to  our  third  proposition,  which  affirms  the  road  to  be  worth  all 
that  it  will  cost  the  State. 

But  it  is  said  that  this  judgment  may  be  erroneous.  We  will,  there 
fore,  test  its  correctness  by  consulting  the  judgment  of  others  fully  com 
petent  to  the  task.  It  is  generally  considered  a  fair  means  of  testing 
the  value  of  any  article,  to  ascertain  what  others  have  paid  or  are  will 
ing  to  pay  for  it.  Our  nearest  neighbor,  Georgia,  has  furnished  us  with 
her  judgment  by  constructing  the  State  road  from  Atlanta  to  Chatta 
nooga.  This  road  cost  between  five  and  six  millions  of  dollars,  and  has 
been  built  entirely  by  the  means  of  the  State.  For  many  years  it  paid 
nothing.  But  the  Georgians  never  faltered  on  that  account ;  and  after 
years  of  struggle,  the  road  now  pays  a  full  return  upon  the  investment 
and  can  actually  be  sold  for  all  that  it  has  cost.  At  each  end  of  it  a  nour 
ishing  town  has  arisen,  and  many  villages  along  the  route.  And  to  the 
honor  of  Georgia,  let  it  be  said,  that  she  hesitated  not  to  lay  out  her 
money,  although  she  knew  that  at  one  terminus  her  seaport  would  have 
to  divide  the  profit  with  Charleston  ;  and  at  the  other  Tennessee  would 
reap  to  herself  the  entire  advantage  of  the  new  city  which  now  must 
spring  up  there. 

On  the  other  side  of  us,  Virginia  has  evinced  her  estimate  of  the  value 
of  this  connection  by  a  railroad  across  the  mountains  from  Lynchburg 
to  Bristol,  and  thence  by  Tennessee  to  Knoxville.  This  road  has  been 
constructed  by  the  State  at  a  cost  far  exceeding  the  amount  paid  by 
Georgia,  and  is  now  in  successful  operation,  and  it  has  already  brought 
to  Richmond  and  Petersburg  a  goodly  portion  of  that  harvest  which  is 
really  ours  if  we  will  put  in  our  sickle. 


APPENDIX:  525 

North  Carolina  has  aroused  herself,  and,  like  a  giant  refreshed  with 
wine,  has  set  about  her  work  with  a  vigor  which  has  despised  all  pruden 
tial  considerations.  Her  sole  object  has  been  to  develop  her  own  State 
resources,  and  she  has  laid  down  a  splendid  railroad  from  the  sea-coast  to 
the  very  foot  of  the  mountains,  passing  through  the  greatest  length  of  her 
State,  and  she  is  preparing  to  advance  it  to  the  western  valleys.  The 
whole  work  has  been  done  and  is  supported  at  the  expense  of  the  State 
alone. 

It  would  be  wearying  your  patience  to  go  over  the  beaten  track  of  the 
Baltimore  and  Ohio,  the  Pennsylvania,  and  the  New  York  railroads.  I 
will  merely  refer  you  to  the  more  recent  efforts  of  Alabama,  Mississippi 
and  Louisiana,  all  of  which  States  have  encountered  heavy  debts  to  con 
nect  themselves  with  the  region  which  the  Blue  Ridge  railroad  reaches. 
Each  and  every  one  of  the  States  referred  to  have  laid  down  much  larger 
sums  than  that  which  the  Blue  Eidge  railroad  will  require  at  our  hands, 
and  each  and  all  are  quite  content  with  their  bargain.  In  fact,  their  suc 
cess  has  extinguished  the  voice  of  opposition. 

If,  then,  this  connection  is  found  to  be  so  valuable  by  other  States,  why 
should  it  not  be  equally  so  to  South  Carolina  ? 

From  Knoxville  to  Richmond  the  distance  is  four  hundred  and  fifty-six 
miles ;  to  Charleston  by  the  Blue  Ridge  road  via  Columbia  it  is  also  four 
hundred  and  fifty-six  miles,  but  by  New  Market  it  is  only  four  hundred 
and  ten  miles.  But  Richmond  is  one  hundred  and  sixty  miles  from  the 
sea,  and  about  thirty-eight  miles  from  its  shipping  port  on  York  river. 
Charleston,  being  directly  on  the  sea,  has  then  an  advantage  of  46  +  38  = 
or  84  miles  over  the  land  transportation  to  Richmond,  and,  as  seaports,  she 
has  an  advantage  of  nearly  two  hundred  miles. 

But  when  the  comparison  is  made  as  to  freights  from  Chattanooga, 
which  is  the  true  point  of  comparison,  then  Charleston  receives  on  her 
side  all  the  difference  in  distance  which  proposed  communications  will 
make  between  Chattanooga  and  Charleston.  The  shortest  route  between 
these  points  will  be  four  hundred  and  five  miles  ;  between  Richmond  and 
Chattanooga  it  will  be  five  hundred  and  sixty-eight  miles — difference  one 
hundred  and  sixty-three  miles.  The  other  and  longer  route  to  Charleston 
still  makes  a  difference  in  her  favor  over  Richmond  of  one  hundred  and 
two  miles ;  so  that  in  any  event  the  competition  with  Richmond  is  greatly 
in  our  favor  as  to  distance. 

But  when  it  is  considered  that  the  products  of  the  Tennessee  valley  are 
the  same  which  reach'Richmond  from  Virginia  and  other  quarters,  it  is 
evident  that  the  carriage  thither  is,  as  it  wTere,  taking  "  coals  to  Newcas 
tle."  While,  on  the  other  hand,  at  Charleston  there  is  no  competition,  the 
market  is  clear,  and  the  proximity  of  the  sea,  and  of  the  West  Indies  par 
ticularly,  furnishes  an  open  door  to  the  produce  which  will  come  there  for 
sale  or  shipment. 


526  SPEECH  ON  THE  BLUE  RIDGE  RAILROAD. 

So,  too,  with  respect  to  those  supplies  which  are  consumed  in  South 
Carolina,  the  Blue  Ridge  railroad  will  be  without  a  competitor.  Bacon, 
instead  of  taking  the  present  circuit  by  the  sea  from  Baltimore  to  Rich 
mond,  and  going  up  by  railroad  to  Columbia,  Newberry,  Camden  and 
other  interior  towns,  will  make  but  a  short  trip  direct  from  the  Tennessee 
valley  to  the  same  points.  In  fact,  it  must  follow  that  these  very  points, 
with  probably  Anderson,  and  Greenville,  and  Unionville,and  other  towns, 
will  form  entrepots,  from  which  these  products  will  be  distributed.  It 
will  only  be  one  hundred  and  ninety-six  miles  from  Knoxville  to  Ander 
son,  and  about  three  hundred  and  thirty  to  Columbia,  which  is  actually 
less  than  the  railroad  transportation  from  Wheeling  to  Baltimore,  over 
which  the  bacon  which  reaches  us  from  Baltimore  is  now  brought. 

If  we  institute  a  comparison  with  Savannah  we  will  find  the  following 
results  :  From  Knoxville  to  Savannah  the  distance  is  five  hundred  and  four 
miles.  From  Knoxville  to  Charleston  it  is  by  one  route  four  hundred  and 
fifty-six  miles,  by  another  four  hundred  and  ten  miles.  The  difference 
either  way  is  in  our  favor  from  this  point.  But,  as  has  already  been  said, 
I  consider  Chattanooga  the  true  point  of  comparison.  And  here,  inde 
pendent  of  distance,  Savannah  has  a  decided  advantage  in  the  control 
which  the  State  of  Georgia  has  over  the  State  road. 

It  follows  from  the  very  nature  of  things  that  this  control  will  be  ex- 
erted  to  give  her  every  advantage.  The  daily  experience  of  our  mer 
chants  proves  this  ;  and  it  constitutes  one  of  the  principal  inducements 
to  open  a  new  route  under  our  own  control.  The  entire  Blue  Ridge  route 
will  be  under  own  management,  and  will,  of  course,  be  so  governed  as  to 
give  us  a  fair  competition.  By  the  present  railroad  routes  the  distance 
from  Chattanooga  to  Savannah  is  four  hundred  and  thirty  miles;  to 
Charleston  four  hundred  and  forty-six  miles.  By  the  Blue  Ridge  road  on 
the  shortest  connection,  it  will  be  four  hundred  and  five  miles  to  Charles 
ton  ;  but  upon  the  route  now  under  consideration  it  will  be  four  hundred 
and  sixty-six  miles.  So  that  until  the  most  favorable  connection  be  made 
Savannah  will  have  the  advantage  of  thirty  miles  in  distance  to  Chatta 
nooga  over  Charleston. 

Against  this  advantage  must  be  laid  the  superior  advantages  of  the 
port  of  Charleston,  and  the  large  amount  of  capital  in  that  city.  The 
skill  and  enterprise  of  its  merchants,  and  the  large  amount  of  produce 
which  will  seek  for  markets,  will,  no  doubt,  give  to  Charleston  its  full 
share.  Every  mile  towards  the  interior  of  the  State  gains  in  the  dimin 
ished  distance  of  transportation  of  the  western  products  consumed  by 
them ;  and  the  whole  country  gains  precisely  as  though  Providence  had 
introduced  a  new  navigable  river  into  the  geography  of  the  State. 

Few  things  could  evince  more  strikingly  the  value  of  this  railroad  than 
the  earnestness  of  the  people  in  the  valley  of  the  Tennessee  to  unite  with 
it.  Before  the  road  has  passed  the  mountains,  no  less  than  five  connec 
tions  have  already  been  projected  towards  it.  One  of  these  exhibits  both 


APPENDIX:  527 

the  zeal  and  the  perseverance  of  the  Georgians.  A  charter  was  applied 
for  by  them,  to  reach  Chattanooga  by  a  direct  route  from  Clayton.  The 
legislature  of  Georgia  refused  the  charter.  A  second  time  the  Georgians 
applied,  and  then  it  was  granted.  The  governor  of  Georgia,  deeming  this 
connection  disadvantageous  to  the  State  road,  put  his  veto  upon  the  char 
ter.  The  persevering  applicants  again  applied  to  the  legislature,  and,  to 
the  honor  of  that  body,  it  was  granted  by  a  majority  sufficient  to  overrule 
the  veto  of  the  governor. 

Are  we  to  suppose  that  a  persistent  constancy  like  this  is  blind  and 
senseless?  That  the  Georgians,  who  urged  their  claims  to  an  outlet  with 
a  zeal  and  energy  like  this,  were  so  ignorant  as  to  imagine  that  they  could 
make  a  railroad  without  transportation  to  sustain  it.  The  truth  is,  that 
along  the  line  of  the  projected  route,  copper  mines  of  very  great  value 
had  been  found,  and  were  pouring  their  ores  down  the  routes  of  the  other 
roads,  and  they  knew  that  they  would  find  a  better  route  to  the  sea  by 
the  Blue  Ridge  road. 

The  other  connections  which  this  railroad  opens,  place  us  in  a  position 
to  carry  the  produce  of  Kentucky,  and  part  of  the  Northwest.  From 
Knoxville  a  road  has  been  projected  to  Danville,  in  Kentucky,  and  thence 
another  goes  to  Louisville  and  Covington.  So,  too,  if  we  indulge  in  fur 
ther  speculation,  it  is  easy  to  see  that  the  nearest  route  from  St.  Louis  to 
the  sea  is  by  way  of  Charleston  ;  and  that  all  those  connections  with  the 
Northwest,  which  are  brought  to  a  point  on  the  Ohio  at  Cairo  and  Evans- 
ville,  are  opened  up  to  us  by  the  extension  of  the  routes  which  centre 
upon  Knoxville.  But  as  I  desire  to  keep  upon  what  all  will  admit  to  be 
practical,  instead  of  speculative  advantages,  I  will  not  pursue  these 
topics. 

AVhat  has  been  urged  seems  to  me  to  give  a  most  decisive  answer  to 
the  third  enquiry,  and  to  respond  that  the  State  will  receive  ample  com 
pensation  for  the  outlay  she  is  called  upon  to  make  for  this  road. 

This  conclusion  will  receive  still  more  convincing  support  by  consider 
ing  some  of  the  objections  which  have  been  urged  against  the  road. 

1.  There  are  some  who  think  another  route,  by  the  French  Broad,  to  be 
preferable  to  this ;  and,  as  I  have  already  said,  a  bill  has  actually  been 
introduced  into  this  house  to  grant  to  this  scheme  State  aid  to  the  ex 
tent  of  a  million  of  dollars.  I  am  afraid  some  gentlemen  from  the  middle 
districts  may  find  their  judgments  disturbed  by  this  temptation.  I  can 
sympathise  with  them ;  for  neither  they  nor  their  constituents  could  de 
sire  this  road  more  warmly  than  myself.  It  would  pass  by  my  own  door 
in  the  mountains,  and  give  me  facilities  which  I  would  prize  very  highly. 
But  I  am  sorry  to  be  obliged  to  confess  that  we  have  lost  the  prize,  and 
that  we  cannot  now  regain  it. 

If  this  question  were  open  it  could  be  demonstrated  that  the  Blue 
Ridge  scheme  is  the  better.  The  French  Broad  route  goes  entirely  too 
far  to  the  north  and  eastward  for  the  present  condition  of  things.  It  has 


628  SPEECH  ON  THE  BLUE  RIDGE  RAILROAD. 

been  shown  that  the  competition  of  Eichmond,  Petersburg  and  Norfolk 
is  more  serious,  the  further  up  the  Tennessee  valley  you  meet  it.  The 
existing  charters  of  the  French  Broad  route  require  it  to  join  the  Ten 
nessee  road  at  Greenville,  some  seventy  miles  nearer  to  Eichmond  than 
Knoxville.  But  the  French  Broad  route  has  another  and  an  insuperable 
difficulty.  The  gauge  of  road  adopted  by  North  Carolina  differs  from 
ours.,  and  the  charter  granted  by  that  State  insists  upon  her  gauge.  Our 
road,  therefore,  cannot  unite  with  it.  Moreover,  North  Carolina  stipu 
lates  that  she  shall  have  the  privilege  of  purchasing  so  much  of  our  road 
as  is  in  her  State,  whenever  she  pleases.  And,  finally,  the  only  practica 
ble  passes  in  her  mountains  for  a  railroad  are  so  far  to  the  eastward  that 
by  a  few  encouragements  the  North  Carolina  State  road,  with  the  same 
gauge  as  the  Mountain  road,  could  easily  induce  the  trade  not  to  dis 
charge  itself  upon  another  road  where  new  arrangements  must  be  made, 
and  thus  exclude  our  road  from  all  participation  in  the  trade. 

Then  the  Blue  Eidge  route  has  better  grades ;  the  pass  at  Eabun  Gap 
is  only  two  thousand  and  seventy-three  feet  high,  while  that  at  the  Butt 
mountain  is  two  thousand  one  hundred  and  sixty-eight ;  and  the  differ 
ence  of  distance  to  Knoxville  is,  at  last,  only  three  miles  in  favor  of  the 
French  Broad  route. 

If  the  comparison  be  turned  towards  Chattanooga,  which  is  the  true 
center  of  this  western  trade,  the  French  Broad  route  would  have  to  bear 
the  added  disadvantage  of  all  the  distance  between  Knoxville  and  Chat 
tanooga  ;  and  this  seems  to  put  an  end  to  the  comparison. 

But  it  appears  to  me  that  this  question  between  the  two  routes  was 
closed  in  1854.  Since  then  we  have  expended  upwards  of  two  millions  of 
money ;  and  the  question  really  is,  whether  the  French  Broad  route  is 
two  millions  better  than  the  other.  He  who  thinks  it  is  must  have  modes 
of  reaching  conclusions  which  other  minds  cannot  pursue. 

2.  It  is  objected  that  the  trade  of  the  Chattanooga  and  Knoxville  region 
is  not  sufficient  to  support  the  road.  The  income  of  the  road,  from  Knox 
ville  to  Chattanooga,  is  assumed  as  the  measure  of  the  transportation, 
and  as  that  is  about  two  hundred  and  twenty-six  thousand  dollars,  it  is 
argued  that  it  is  not  sufficient  to  pay  this  road. 

The  answer  to  this  objection  is  twofold.  First,  the  income  of  the  road 
to  Chattanooga  is  not  the  proper  measure.  The  Tennessee  river  is  navi 
gable  from  Knoxville  to  Chattanooga ;  and  the  produce  on.board  a  steamer 
at  Knoxville  seeking  a  market,  will  not  be  discharged  at  Knoxville  to  take 
the  railroad  down  to  Chattanooga,  but  will  continue  in  the  steamer  to  that 
place.  This  latter  mode  of  transportation  offers  so  many  advantages 
that  at  least  two-thirds  of  the  produce  must  take  that  course.  Therefore, 
if  two  hundred  thousand  dollars  worth  goes  by  railroad,  at  least  twice 
that  amount  keeps  the  river. 

Again,  a  considerable  portion  of  the  produce  at  Knoxville  takes  the 
other  end  of  the  road  and  goes  to  Lynchburg,  Eichmond  and  Petersburg. 


APPENDIX.  529 

The  measure  of  transportation  assumed,  therefore,  is  defective  at  both 
ends. 

The  other  answer  to  the  objection  consists  in  the  united  experience 
which  all  railroads  have  afforded  of  the  amazing  increase  of  trade  and 
travel  which  they  create.  I  have  lived  long  enough  to  have  been  a  pas 
senger  in  the  stage  which  use  to  run  from  Charleston  to  Augusta.  It  ran 
three  times  a  week,  and  considered  itself  fortunate  to  have  six  passen 
gers.  Two  entire  days  and  a  night  did  we  jolt  through  the  swamps  and 
pine  barrens  of  Colleton  and  Barnwell ;  and  it  was  a  great  achievement 
when  Buckhead  Causeway  was  surmounted  without  injury  or  delay.  Let 
a  person  go  this  day  and  count  the  passengers  and  the  produce  which 
enters  Charleston  by  railway  between  the  same  points,  and  he  cannot  be 
made  to  believe  that  a  single  life-time  witnesses  so  amazing  an  advance 
ment. 

For  many  years  this  railroad  scarcely  paid  expenses,  and  threatened 
its  proprietors  with  ruin.  Its  stock  actually  sold  in  the  market  for  fifty 
cents  in  the  dollar,  and  nowr  its  income  is  a  million  and  a  half  of  dollars. 

The  same  history  may  be  written  of  many  other  railroads.  "Were  not 
the  same  mournful  prophecies  uttered  to  deter  the  enterprise  of  Colum 
bia  from  subscribing  to  the  Greenville  and  Charlotte  railroads  ?  Fortu 
nately,  there  were  men  here  who  refused  to  listen  to  such  prophets. 
They  induced  the  town  to  subscribe  liberally,  and  their  enlightened  fore 
cast  is  now  exhibited  in  the  improvement  and  advancing  fortunes  of  our 
seat  of  government.  Let  these  prophets  tell  us  what  Columbia  would 
have  been  if  the  Greenville  railroad  had  kept  on  the  other  side  of  the 
Congaree  to  Branchville ;  or,  if  the  Charlotte  railroad  had  gone  down  by 
Camden  to  Kingsville. 

3.  It  is  objected  that  the  investments  made  by  Charleston,  in  making 
these  western  roads,  have  proved  failures. 

This  objection  is  founded  upon  a  radical  error.  The  two  roads  to  the 
west,  which  have  been  assisted  by  Charleston,  are  the  Memphis  and  the 
Nashville  railroads.  Both  the:,o  roads  are  well  situated,  and  are  doing 
good  business.  In  fact,  the  Memphis  road  promises  to  be  one  of  the  most 
productive  roads  in  our  country.  The  failure  has  not  been  in  the  value 
of  the  investment,  but  in  its  effects  on  trade.  We  hoped,  and  expected, 
that  they  would  bring  trade  to  the  city.  But  it  has  turned  out  that  the 
clashing  interest  of  the  various  companies  over  whose  railroads  pro 
duce  must  go,  have  so  raised  freights,  that  it  finds  a  cheaper  outlet  by 
the  Mississippi  river. 

It  was  the  apprehension  of  this  very  difficulty  that  has  led  to  the 
effort  to  make  the  Blue  Eidge  road.  It  is  confidently  believed,  that  if 
the  produce  at  Chattanooga,  or  Stevenson,  could  be  placed  under  one 
direction,  it  would  take  its  natural  course  to  the  Atlantic.  Every  natu 
ral  advantage  is  in  favor  of  that  route,  and  it  is  contrary  to  every  law  of 
34 


530  SPEECH  ON  THE  BLUE  RIDGE  RAILROAD. 

trade  that  the  produce  of  Alabama  and  eastern  Mississippi  should  go 
westward.  Even  now,  although  Charleston  has  by  no  means  the  share 
which  she  ought  to  have,  yet  a  considerable  commerce  subsists  between 
her  and  the  line  of  these  roads,  even  as  far  as  Memphis.  As  products 
increase,  and  New  Orleans  becomes  more  crowded,  the  share  of  the  At 
lantic  cities  must  necessarily  increase.  The  diminished  freight,  insur 
ance,  and  length  of  voyage  from  Charleston  to  Liverpool,  together  with 
her  better  currency  and  command  of  capital,  must,  in  the  end,  produce 
their  legitimate  results  in  favor  of  Charleston.  The  already  protracted 
length  of  these  remarks  prevents  my  noticing  more  than  one  other  of  the 
objections  which  have  been  urged  against  this  scheme. 

4.  It  is  objected,  in  various  forms,  that  this  is  not  legitimately  a  work 
in  which  South  Carolina  should  engage  in  as  a  State.  Some  urge  the 
objection  in  the  form  of  a  willingness  to  aid  private  capital,  but  an  un 
willingness  to  assume  this  road  as  a  State  work.  Others  take  a  position 
somewhat  conflicting  with  this,  and  say  that  they  cannot  vote  public 
money  towards  an  enterprise  which  individuals  would  not  undertake  for 
gain.  And  again,  others  object  that  part  of  the  State's  money  is  to  be 
expended  beyond  its  limits,  in  Georgia,  North  Carolina  and  Tennessee. 

All  these  objections  appear  to  me  to  rest  upon  an  "erroneous  view  of 
the  objects  and  duties  of  government.  It  is  quite  a  mistake,  to  suppose 
that  the  duties  of  a  State  government  embrace  no  wider  range  than  the 
profitable  employment  of  its  resources.  Fortunately  for  mankind,  the 
Christian  religion  lias  widely  extended  the  cares  of  human  governments. 
That  vast  and  noble  system  of  benevolence  which  has  reared  so  many 
asylums  for  the  unfortunate,  which  has  opened  so  many  fountains  of 
knowledge  for  the  ignorant,  and  which  has  spread  a  mantle  of  charity 
over  our  whole  State,  sweeps  away  the  entire  objection.  And  if  you  de 
sire  a  precedent  still  more  conclusive,  I  will  point  you  to  the  noble  and 
generous  help  which  the  State,  with  one  voice,  extended  to  the  city  of 
Charleston  when  in  ruins.  Two  millions  of  money  were  placed  at  her 
disposal,  and  with  generous  sympathy  her  children  were  nurtured  into 
that  state  of  advancement  and  prosperity  which  they  now  enjoy. 

There  are  times  and  occasions  upon  which  a  State,  just  like  an  indi 
vidual,  should  come  forward  and  assume  responsibilities.  The  only  ques 
tion  really  is,  whether  such  an  occasion  actually  exists. 

That  question  is  identical  with  the  one  which  we  have  already  been 
discussing.  Shall  the  State  go  on  with  this  great  enterprise,  or  shall  she 
abandon  ?r  A  negative  response  to  the  bill  on  your  table  is  abandonment. 
After  such  a  response  it  would  be  a  breach  of  duty  in  the  directors  of  the 
company  to  go  on.  According  to  their  statement  lying  before  us,  they 
have  issued  mortgage  bonds  amounting  to  two  hundred  and  seventy 
thousand  dollars.  '  An  abandonment  of  the  road  destroys  the  value  of  the 
mortgage.  It  is  the  first  duty  of  the  company  to  pay  its  debts,  and  as  the 
security  becomes  worthless,  by  abandoning  the  road  to  ruin,  they  must 


APPENDIX.  531 

pay  the  debt  from  the  assets  of  the  company  in  their  hands.    This  will 
absorb  all  the  available  funds  and  add  so  much  more  to  the  general  loss. 

Besides  this,  they  have  contractors  at  the  tunnel  with  seven  steam  en 
gines  and  the  necessary  implements.  They  have  collected  some  fifteen 
hundred  workmen  from  all  quarters  of  the  country  ;  they  have  able  and 
worthy  engineers.  All  these  must  receive  some  satisfaction  for  injury, 
or  at  least  some  aid  to  make  good  their  removal,  and  all  this  must  be 
added  to  the  general  loss. 

In  the  face  of  all  this,  it  is  vain  to  expect  any  further  contribution 
from  private  capital — and  it  would  be  vain  to  attempt  to  coerce  pay 
ments.  A  continuance  of  the  work  is,  therefore,  hopeless,  and  unless  we 
grant  the  aid  required,  utter  ruin  must  involve  the  whole  enterprise.  I 
cannot  permit  myself  to  believe  that  South  Carolina  will  submit  to  such 
a  catastrophe.  I  cannot  think  that  any  of  her  sons  will  permit  that 
gaping  tunnel  to  stand  with  open  mouth  proclaiming  to  the  world  our 
weakness  and  instability. 

And  if  timid  counsels  shall  prevail  here  to  withhold  the  relief  now 
asked  for,  I  will  still  entertain  a  hope  that  the  people  of  our  gallant  State 
will  themselves  come  to  the  rescue,  and  urge  their  representatives  to  a 
second  and  better  thought.  I  cannot  believe  that  they  will  consent  to 
retire  from  lists  into  which  they  have  entered,  or  abandon  a  field  upon 
which  their  colors  have  been  planted.  National  character  is  of  more 
value  than  even  material  wealth.  Earnest  and  self-relying  effort  is  the 
mainspring  of  individual  success  ;  it  is  the  stay  of  national  enterprise.  A 
great  ancient  poet  has  well  said — 

"Possunt,  quia  posse  videntur." 
And  an  equally  great  modern  has  translated  it — 

"For  they  can  conquer,  who  but  think  they  can." 

To  loosen  this  spring  is  to  lower  the  tone  of  a  nation's  character.  Let  us 
beware  how  we  tamper  with  it.  Let  us  go  on  and  finish  what  we  have  be 
gun.  To  go  on  will  cost  no  more  than  to  stop.  The  road,  when  finished, 
will  certainly  be  worth  what  it  will  now  cost  to  complete  it.  Either  way 
we  can  lose  no  more  than  the  amount  which  will  be  now  lost  by  an  aban 
donment. 

But  how  vastly  different  will  be  the  results.  In  the  one.  case  we  shall 
have  accomplished  a  great  work.  We  shall  retain  our  own  self  respect, 
and  the  respect  and  esteem  of  other  States.  We  shall  encourage  and 
foster  that  spirit  which  gives  to  our  State  its  strength  and  consideration, 
and  we  shall  have  brought  about  those  great  results  which  are  the  fruits  of 
a  western  connection.  In  the  other  event,  we  shall  cast  away  both  our 
money  and  our  reputation — we  shall  sink  into  a  state  of  isolation — we 
shall  have  graven  with  our  own  hands,  our  epitaph,  upon  our  own  moun 
tains,  and  shall  acquire  the  pre-eminence  of  being  the  only  instance  of  a 
State  in  this  Union  which  had  opened  a  path  to  wealth  and  fame,  but  had 
neither  the  courage  nor  the  constancy  to  construct  the  way. 


532  SACRED  AND  PROFANE  HISTORY. 

AN   ORATION   ON   THE   BIBLE. 

DELIVERED    BEFORE    THE    EUPHRADIAN   AND    CLARIOSOPHIC    SOCIE 
TIES,  DECEMBER,  1842. 


In  the  wide  range  of  learning  there  is  no  study  which  addresses  itself 
to  the  youthful  mind  in  a  garb  more  attractive  than  history.  To  trace 
back  the  nations  which  surround  us  to  the  untutored  tribes  from  which 
they  have  descended ;  to  follow  up  the  stream  of  time  until  the  rise  and 
progress  of  these  tribes  are  obscured  in  the  dimness  of  the  past  and  their 
manhood  and  vigor  are  made  known  to  us  only  by  the  ruins  which  bear 
witness  of  their  decay  ;  to  ascertain  what  hand  has  fashioned  those  works 
of  genius,  which  ages  have  trodden  in  the  dust,  and  thus  to  reach  to  the 
very  source  and  spring  of  human  existence,  present  objects  alike  inviting 
to  the  curious,  the  philosophic,  and  the  devout.  The  traveler  who  stands 
at  the  foot  of  the  Pyramids,  or  upon  the  banks  of  the  Nile,  where  lie 
buried  in  the  dust  of  centuries  the  noblest  monuments  reared  by  human 
art,  cannot  but  feel  an  irresistible  impulse  to  inquire  by  whose  hand  these 
works  were  fashioned,  and  what  changes  in  the  polity  of  states,  or  in  the 
annals  of  the  world,  have  caused  silence  and  desolation  to  reign  where 
teeming  millions  must  have  lived  in  peace.  The  solemn  note  from  Mem- 
non's  statue  seems  to  reverberate  even  in  our  ears,  far  removed  as  we  are, 
and  to  enlist  our  sympathies  for  the  races  of  our  fellow-men  who  have 
heard  its  breathings  and  have  passed  as  a  shadow  through  the  vale  of  ex 
istence.  And  when  we  hasten  down  the  vista  of  time  to  epochs  of  greater 
certainty,  the  realities  in  the  life  of  a  Cyrus,  a  Themistocles  and  an  Alex 
ander  arrest  our  attention,  and  excite  sentiments  changed  in  character,  but 
not  in  interest.  Minuteness  of  detail  now  supplies  incident  to  enliven  the 
picture,  and  in  the  impulses  of  human  ^passion  and  human  motive  which 
are  now  developed,  we  recognize  that  identity  of  sentiment  and  feeling 
which  bring  them  into  the  common  species  and  unite  them  to  us  in  one 
common  lot. 

Interesting  and  inviting,  however,  as  history  certainly  is,  yet  there  is 
mingled  with  its  study  a  certain  feeling  of  disappointment  which  sub 
tracts  from  its  enjoyment.  The  analyzing  and  inquiring  mind  would  fain 
ask  for  the  end  and  purpose  of  those  great  events  which  are  pictured 
forth.  An  Alexander  has  led  his  army  from  one  continent  to  another,  has 
reduced  nation  after  nation  beneath  his  sway,  until  satiated  with  the  pur 
suit,  he  has  wept  that  nothing  more  remained  for  conquest.  Like  wave 
succeeding  wave,  empire  has  succeeded  empire,  and  to  mere  human  vision 
their  effects  upon  the  great  mass  of  human  existence  have  been  as  ephe 
meral  as  the  rush  of  the  tempest  upon  the  bosom  of  the  ocean.  Assyrian 


APPENDIX.  533 

and  Mede,  Persian,  Greek  and  Roman  now  sleep  alike  in  the  dust  of  the 
earth,  and  but  for  the  pen  of  the  historian  and  the  scattered  ruins  which 
occasionally  meet  the  eye  of  the  traveler,  it  could  scarcaly  be  known  that 
most  of  them  had  even  existed  upon  our  earth.  And  yet  in  their  day  each 
in  his  turn  had  ruled  the  destinies  of  the  world,  and  was  as  powerful  and 
terrific  as  Napoleon  with  his  thousands  advancing  upon  Moscow.  "What 
purpose  have  they  all  answered  ?  What  end  have  they  accomplished  ? 
Was  their  existence  a  mere  scene  in  the  great  drama  of  human  action, 
without  object  or  design,  or  have  they  all  moved  forward  under  the  direc 
tion  of  a  master  mind  to  the  accomplishment  of  some  great  and  stupen 
dous  plan  ?  The  inquiring  mind  most  anxiously  seeks  for  light.  But  in 
vain  is  turned  over  page  after  page ;  it  is  but  a  succession  of  the  same 
events,  seemingly  without  system  or  final  cause,  and  every  student  must 
be  familiar  with  the  feeling  of  disappointment  and  occasional  disgust  with 
which  he  rises  from  his  meditations. 

A  class  of  historians  arose,  who  proposed  to  remove  this  embarrass 
ment.  They  undertook  to  assign  causes  and  objects  to  the  great  events 
which  they  related ;  and  the  avidity  with  which  the  public  received  their 
labors  strongly  illustrates  the  want  of  which  all  were  conscious.  The" 
Philosophic  Historians  (as  they  were  termed)  acquired  a  popularity  which 
remained  long  unshaken.  But  the  common  sense  of  mankind  at  length 
ascertained  that  their  histories  were  utterly  fallacious.  Those  who  stood 
nearer  the  point  of  action  perceived  that  the  whim  of  a  courtier,  or  the 
idle  passions  of  some  parasite,  had  produced  events  which  the  philoso 
pher  in  his  study  had  attributed  to  the  sound  judgment  of  statesmen, 
acting  upon  enlarged  considerations  of  public  policy.  They  who  moved 
the  springs  of  action  saw  but  too  well  that  nations,  like  individuals,  were 
impelled  as  well  by  the  impulses  of  passion  as  by  the  promptings  of 
reason ;  and  that  these  impulses,  often  the  true  causes  of  events,  were, 
from  their  very  nature,  concealed  from  the  observation  of  the  historian. 
His  pages  were  therefore  handed  over  to  the  credulous  and  the  uniniti 
ated.  The  attempt  thus  proved  a  failure.  The  key  to  events  was  not  yet 
found,  and  the  same  disappointment  as  to  the  causes  and  movements  of 
human  action  must  remain,  unless  it  can  find  relief  elsewhere. 

It  is  in  the  confident  expectation  that  this  relief  can  be  found ;  it  is 
in  the  hope  that  a  new  stimulus  may  be  added  to  historical  research,  and 
new  pleasures  derived  from  its  pursuit ;  and  more  than  all  this,  it  is  with 
an  earnest  desire  to  inspirit  you  with  a  zeal  for  the  best  of  all  studies, 
that  I  propose  to  bring  to  your  attention  the  Bible  as  a  means  of  reflect 
ing  light  upon  Profane  History ;  as  in  fact  affording  that  very  key  to 
events  which  is  sought  in  vain  from  other  quarters.  It  cannot  be  doubted 
that  if  we  were  admitted  into  the  presence  and  counsels  of  those  states 
men  who  rule  the  destinies  of  a  nation ;  if  we  could  read  their  hearts, 
and  see  the  motives  which  govern  their  actions,  we  would  understand 
better  the  causes  and  design  of  events,  than  any  historian  who  might 


534  SACKED  AND  PROFANE  HISTORY. 

undertake  to  relate  them.  And  scarcely  any  object  more  captivating  to 
the  inquiring  mind  can  be  offered  than  an  admittance  behind  the  scene 
of  action,  where  would  be  exhibited  the  preparation  and  the  springs  of 
all  those  events,  at  which  the  world  without  is  gazing  with  astonishment. 
To  them  it  is  a  mystery ;  to  us  it  would  be  a  solved  and  open  problem. 
To  them  it  is  dark  and  confounding;  to  us  open,  bright  and  cheering. 
They  know  not  where  next  the  wild  and  seemingly  ungoverned  tempest 
may  burst ;  we  see  it  ruled  by  wisdom,  intelligence  and  design. 

In  the  limited  space,  within  which  must  be  confined  remarks  upon  an 
occasion  like  this,  more  cannot  be  done  than  to  bring  to  view  some  of  the 
instances  in  which  this  light  is  reflected,  and  thereby  to  show,  that  if  the 
subject  be  pursued,  the  disordered  pages  of  history  will  range  themselves 
into  a  system.  That  wrhich  seems  a  chaos  without  rational  cause  or 
clearly  designed  effects,  becomes  a  regulated  plan,  operating  under  the 
direction  of  all-seeing  intelligence,  and  tending  to  one  great  result. 

The  Bible  affords  us  the  earliest  history  wrhich  exists  of  the  human 
race.  It  takes  man  from  the  cradle  of  his  existence,  and  relates  the  rise 
and  fall  of  the  most  ancient  empires  of  which  history  speaks.  In  this 
respect  it  occupies  ground  common  in  some  degree  with  other  histories. 
But  there  is  one  ground  which  it  occupies  entirely  distinct  from  any 
other  book.  It  is  that  wherein  it  develops  the  counsels  and  plans  of  the 
Creator  and  Almighty  Governor  of  the  Universe.  It  represents  Him  as 
actually  taking  charge  of  the  affairs  of  the  world,  and  ruling  them 
according  to  His  will.  Nations  and  empires  rise  and  fall  as  He  com 
mands  ;  and  every  living  man  is  occupying  the  post  assigned  him,  and  is 
part  and  parcel  of  a  grand  system,  organized  and  directed  by  the  great 
Architect  of  all.  Starting  from  this  point  as  a  beginning,  the  Bible 
answers  precisely  those  questions  which  Profane  History  cannot  fathom, 
and  develops  so  much  of  the  purposes  and  plans  of  this  "Great  Being,  as 
to  range  into  its  appropriate  part  of  the  system  those  events  which  other 
wise  seem  without  purpose  or  object. 

The  page  of  history  presents  to  our  view  a  multitude  emerging  from 
the  desert  towards  the  fair  plains  of  Palestine.  Men,  women  and  children, 
with  flocks  and  herds,  and  all  the  appendages  of  a  nation,  seeking  a  new 
home,  are  seen  in  the  promiscuous  throng,  but  moving  forward  with  that 
order  and  system  which  indicate  the  leading  of  some  trained  and  expe 
rienced  Captain.  The  inhabitants  of  the  land  are  scattered  before  them, 
and  they  settle  down  into  their  new  habitations,  at  once  an  established 
and  organized  nation.  The  idols  and  graven  images  which  had  defiled 
the  land  are  thrown  down,  their  worshipers  are  exterminated ;  and  from 
every  side  is  now  heard  rising  upon  the  evening  winds  the  hymn  of  praise 
and  adoration  to  tlie  One  Great  Being  who  had  delivered  them;  'to  Him 
who  "  spake  and  it  was  done,  who  commanded  and  it  stood  fast." 

They  who  are  thus  happy  in  their  new  abodes  (we  are  informed  by  the 
Bible)  are  the  Children  of  Israel,  now  led  forth  by  God  to  the  land  which 


APPENDIX.  535 

ho'liVd  promised  as  a  possession  to  their  fathers  ;  a  people  whom  the  Al 
mighty  had  selected  as  his  chosen  witnesses  on  earth,  to  exhibit  to  the 
world  His  Justice  and  His  Truth.  With  terrific  majesty,  he  had  at  Mount 
Sinai  delivered  to  them  the  keeping  of  the  Law  and  the  Commandments, 
and  among  them  was  laid  the  Corner-Stone  of  His  Church  on  earth. 

From  age  to  age  the  lamp  of  Truth  was  to  be  re-kindled  at  their  altars  ; 
they  alone  were  entrusted  with  the  sacred  fire.  Their  eventful  history 
was  to  be  held  up  to  mankind  as  proof  of  the  just  government  and  special 
Providence  of  God.  His  visible  presence  was  vouchsafed  among  them, 
and  they  had  his  express  promise  of  continual  prosperity  as  a  nation,  so 
long  as  they  obeyed  His  commandments ;  while  on  the  other  hand  they 
were  to  stand  as  living  monuments  of  Divine  vengeance  to  future  ages, 
in  case  they  rejected  His  law  or  despised  His  statutes.  And  more  than 
all  this,  from  among  them  was  to  arise  that  Sun  of  Righteousness  with 
healing  on  his  wings,  who  was  to  consummate  the  great  design  of  the 
Deity,  in  repairing  the  ruin  of  the  human  race,  and  restoring  man  back 
to  his  Maker. 

Behold  this  people  now  established  by  their  Almighty  Helper  in  their 
new  possessions,  happy,  contented,  brave  and  prosperous.  They  have 
been  rescued  from  Egyptian  bondage  ;  they  have  passed  through  the  deep 
waters  of  affliction  ;  they  have  been  on  a  probation  of  forty  years ;  and 
now,  schooled  by  adversity,  and  confident  of  the  promises  of  their  Maker, 
they  are  walking  in  his  ways,  and  are  reaping  the  full  enjoyment  of  those 
promises. 

But  the  tide  of  time  sweeps  on,  and  behold  another  host,  vast  in  its 
array,  but  altogether  differing  in  its  practices,  is  seen  hovering  about  the 
hills  of  Palestine.  Those  bright  hills  themselves  are  sadly  changed.  No 
longer  do  they  resound  with  anthems  of  praise  to  the  great  Jehovah,  but 
profane  and  horrid  rites  have  usurped  their  place.  The  incense  which 
had  formerly  arisen  to  Israel's  God,  is  now  seen  smoking  to  the  honor  of 
Baal  and  Ashtaroth,  and  the  false  gods  of  the  heathen.  Ten  of  the  tribes 
of  Israel  have  utterly  forsaken  the  worship  and  even  the  knowledge  of 
the  Most  High,  and  have  returned  to  Apis,  and  to  Isis,  and  to  all  the 
abominations  of  Egypt.  In  this  condition  they  are  found  by  the  hosts  of 
Assyria,  who  are  now  seen  sweeping  over  the  land.  Desolation  and  ruin 
are  spread  around.  Cities  and  villages  are  laid  in  dust,  and  the  misera 
ble  inhabitants  are  in  chains,  led  away  to  hopeless  slavery  in  a  distant 
land.  Samaria,  their  capital  city,  is  subjected  to  horrors  before  unheard 
of,  and  the  ten  tribes  of  Israel  disappear  from  among  the  nations  of  the 
earth. 

But,  why  this  scene  of  death  and  ruin  ?  why  are  wretchedness  and 
misery  permitted  to  brood  over  plains  where  plenty  had  been  smiling, 
and  why  are  those  weeping  millions  led  away  in  chains  to  bear  their  sor 
rows  in  a  distant  land  ?  Why  is  the  Assyrian  permitted  to  extinguish 
this  nation  from  its  sisterhood  on  earth  ?  The  Bible  answers  the  inquiry. 


536  SACRED  AND  PROFANE  HISTORY. 

It  tells  us  of  their  favored  race,  whom  God  had  blessed  with  his  special 
presence  and  protection.  He  had  filled  up  their  cup  to  overflowing,  while 
they  obeyed  His  law.  When  they  had  forgotten  Him,  he  had  sent  pro 
phets  to  recall  them ;  when  they  had  set  up  idols  in  opposition  to  Him, 
he  had  condescended  to  commission  an  Elijah  to  reprove  them,  and  by  a 
manifest  and  striking  miracle,  to  convince  them  of  their  errors,  and  force 
them  to  declare  that  "  the  Lord  only,  He  is  the  God."  Time  after  time, 
he  had  sent  his  messengers  of  mercy  and  of  chastisement,  and  with  pa 
tience  and  long  suffering  he  had  borne  with  two  centuries  of  unmitigated 
crime.  But  vain  alike  has  proved  every  visitation  of  anger  or  of  mercy, 
and  the  king  of  Assyria  is  now  sent  forth  as  the  final  messenger  of  ven 
geance. 

But  why  does  the  tempest  stop  short  in  its  fury  ?  Why  are  two  of  the 
tribes  left  as  a  people,  while  their  brethren  disappear  from  among  na 
tions  ?  Why  does  not  Jerusalem  share  the  fate  of  its  sister  of  Samaria  ? 
The  thirst  of  the  Assyrian  monarch  for  conquest  has  not  yet  been  sati 
ated.  His  army,  flushed  with  victory,  is  ready  to  extend  his  sway ;  and 
surely  the  thousands  of  Jerusalem  and  its  two  tribes,  cannot  arrest  the 
arms  which  have  just  prostrated  the  hundred  thousands  of  the  adjacent 
ten  tribes.  But  there  is  a  Protector  watching  over  the  safety  of  Jerusa 
lem  more  potent  than  the  king  of  Assyria,  and  that  Protector  is  yet  pro 
pitious. 

The  Bible  tells  us  that  God  had  promised  centuries  before,  that  the 
sceptre  should  not  depart  from  Judah,  nor  a  law-giver  from  between  his 
feet,  till  Shiloh  come.  In  the  counsels  of  the  Most  High,  therefore,  it  was 
determined  that  the  tribe  of  Judah  should  be  preserved  as  the  Church  on 
earth,  and  that,  although  subjected  to  affliction  for  its  perverseness,  yet 
its  unity  should  continue  until  the  Redeemer  of  the  world  should  appear. 
The  Assyrian,  therefore,  is  turned  aside  from  his  purpose ;  the  kingdom 
of  Judah  is  spared  a  little  longer,  and  her  history  adds  another  proof  to 
the  truth  and  long-suffering  of  God. 

And  now,  the  Assyrian  too  is  gone.  His  empire,  cumbered  with  its  load 
of  crimes,  and  ripe  for  destruction,  is  crushed  beneath  the  might  of  the 
Chaldean,  and  we  again  behold  the  vallies  of  Palestine  trampled  beneath 
the  tread  of  a  foreign  foe.  It  is  now  the  day  of  reckoning  with  the  tribe 
of  Judah.  Jerusalem  lies  smouldering  in  her  ashes — her  magnificent 
temple  is  levelled  to  the  dust — and  the  remnant  of  the  Jewish  nation  is 
now  lead  in  chains,  surrounded  by  enemies,  and  on  their  march  to  the 
plains  of  Babylon.  What  means  this  change?  Why  this  swift  destruc 
tion  upon  thos'e  who  have  been  so  long  spared?  The  Bible  again  answers, 
and  tells  us  that  another  century  of  crime  and  idolatry,  in  defiance  of 
every  warning  and  entreaty,  had  exhausted  the  long  suffering  patience 
of  Heaven,  and  Jerusalem  and  the  kingdom  of  Judah  must  now  be  chast 
ened  for  their  rebellion.  But  as  a  key  to  subsequent  events,  the  Al 
mighty  Governor  informs  us  of  his  determination  not  to  destroy  themut- 


APPENDIX.  537 

terly,  but  that  he  will  preserve  them  in  the  land  of  their  captivity,  as  the 
remnant  of  his  visible  Church,  and  after  they  shall  have  suffered  the  chas 
tisement  due  to  them  as  a  nation,  and  shall  have  repented  of  their  evil 
ways,  it  is  His  purpose  to  restore  to  them  their  homes  and  that  sceptre 
which  he  had  promised  should  remain  with  them,  till  the  coming  of  the 
Messiah. 

Again  we  look  down  the  vista  of  time,  and  the  historian  exhibits  to  us 
the  trained  legions  of  Persia,  surrounding  Babylon,  the  great  city — the 
magnificent,  the  impregnable,  the  wonder  of  the  world.  The  king  of  Ba 
bylon  exhibits,  at  the  same  time,  his  sense  of  security,  and  his  supreme 
contempt  of  Cyrus  and  his  Persians,  by  feasting  a  thousand  of  his  lords 
within  his  palace,  while  the  invaders  surround  his  splendid  and  seemingly 
secure  domain.  But  in  the  midst  of  the  feast,  in  the  depth  of  midnight, 
the  Persian  has  entered  the  impregnable  fortress.  Its  river,  which 
seemed  its  protector,  has  been  made  the  means  of  destruction — its  streets 
are  now  deluged  with  blood — its  king  and  its  nobles  lie  prostrate  in  the 
dust,  and  the  sun  of  Babylon  has  set,  never  to  rise  again.  "  Its  palaces 
are  become  a  desolation,  and  its  streets  the  possession  of  the  bittern  and 
pools  of  water." 

The  pen  of  the  historian  is  laid  aside  with  awe,  and  he  inquires  why 
this  utter  destruction  and  ruin.  How  happens  it  that  the  Persian,  with 
his  inadequate  resources,  has  been  enabled  to  accomplish  these  great  re 
sults,  and  to  sweep  from  existence  a  nation  so  much  more  powerful  than 
his  own?  And  why  should  not  the  policy  of  the  Persian  State  have  spared 
and  preserved  a  city  so  magnificent  and  beautiful,  as  to  have  excited  the 
desire,  and  gratified  the  vanity  of  the  most  prosperous  and  mighty  poten 
tate  on  earth?  Why  have  the  scorpion  and  the  bittern  become  the  sole 
possessors  of  this  mighty  seat  of  empire,  this  most  splendid  of  the  master- 
wrorks  of  human  skill?  Profane  history  retires  from  the  question.  There 
stands  the  fact ;  and,  as  though  to  make  its  eventful  history  more  strik 
ing  and  well  known  to  all  future  ages,  no  monarch  of  ancient  times  has 
been  more  particularly  brought  to  our  acquaintance  than  Cyrus,  the  in 
strument  whom  God  had  prepared  for  this  great  work.  Among  so  many 
cotemporaneous  writings  which  have  been  lost,  Xenophon's  history  of 
Cyrus  has  come  down  to  us,  as  though  it  were  intended  to  fasten  upon 
our  minds  the  knowledge  of  one  of  the  most  signal  acts  of  God's  justice, 
and  of  him  who  was  honored  with  the  high  commission  of  executing  his 
Maker's  design.  But  neither  Xenophon  nor  Herodotus,  nor  any  other 
profane  historian,  is  able  to  satisfy  us  as  to  the  means,  or  purpose,  or  final 
cause  of  the  great  revolution  which  Cyrus  effected. 

But  the  Bible  opens  its  pages  in  answer  to  these  inquiries.  There  we 
are  told  that  the  empire  of  Babylon  had  been  weighed  in  the  everlasting 
balance,  and  found  wanting;  and  that  God  had  given  it  over  to  the 
Medes  and  Persians.  About  two  hundred  years  before  the  event,  He,  to 
whom  a  thousand  years  are  as  one  day,  had  declared  His  will  that  Jeru- 


538  SACRED  AND  PROFANE  HISTORY. 

sale'm  should  be  restored,  and  that  Babylon,  the  guilty  city,  should  be 
overthrown  with  a  destruction  commensurate  with  its  utter  wickedness. 
Listen  to  the  memorable  words  in  which  God  had  declared  his  judgment 
more  than  a  century  before  the  birth  of  Cyrus,  by  the  mouth  of  one  of 
his  holy  prophets: 

"  Behold,  I  will  stir  up  the  Medes  against  them,  which  shall  not  regard 
silver,  and  as  for  gold,  they  shall  not  delight  in  it.  Their  bows,  also,  shall 
dash  the  young  men  to  pieces ;  and  they  shall  have  no  pity  on  the  fruit 
of  the  womb  ;  their  eyes  shall  not  spare  children  ;  and  Babylon,  the  glory 
of  kingdoms,  the  beauty  of  the  Chaldees  excellency,  shall  be  as  when 
God  overthrew  Sodom  and  Gomorrah.  It  shall  never  be  inhabited, 
neither  shall  it  be  dwelt  in  from  generation  to  generation ;  neither 
shall  the  Arabian  pitch  tent  there ;  neither  shall  the  shepherds  make 
their  fold  there.  But  wild  beasts  of  the  desert  shall  He  there,  and 
their  houses  shall  be  full  of  doleful  creatures  ;  and  owls  shall  dwell  there, 
and  satyrs  shall  dance  there.  And  the  wild  beasts  of  the  islands  shall  cry 
in  their  desolate  houses,  and  dragons  in  their  pleasant  palaces.  For  I 
will  rise  up  against  them,  saith  the  Lord  of  Hosts,  and  cut  off  from  Baby 
lon  the  name  and  remnant.  I  will  also  make  it  a  possession  for  the  bit 
tern  and  pools  of  water,  and  I  wrill  sweep  it  with  the  besom  of  destruction, 
saith  the  Lord  of  Hosts. 

"Thus  saith  the  Lord  to  his  anointed,  to  Cyrus,  whose  right  hand  I  have 
holden  to  subdue  nations  before  him.  And  I  will  loose  the  loins  of  kings 
to  open  before  him  the  two-leaved  gates,  and  the  gates  shall  not  be  shut. 
I  will  go  before  thee  and  make  the  crooked  places  straight ;  I  will  break 
in  pieces  the  gates  of  brass,  and  cut  in  sunder  the  bars  of  iron.  And  I  will 
give  thee  the  treasures  of  darkness,  and  hidden  riches  of  secret  places, 
that  thou  mayest  know  that  I,  the  Lord,  which  call  thee  by  thy  name,  am 
the  God  of  Israel.  For  Jacob,  my  servant's  sake,  and  Israel,  mine  elect, 
I  have  even  called  thee  by  thy  name.  I  have  surnamed  thee,  though  thou 
hast  not  known  me.  I  girded  thee,  though  thou  hast  not  known  me, 
that  they  may  know,  from  the  rising  of  the  sun,  and  from  the  west,  that 
there  is  none  besides  me.  I  am  the  Lord,  and  there  is  none  else. 

"  I  am  the  Lord  that  maketh  all  things,  that  stretcheth  forth  the  heav 
ens  alone;  that  spreadeth  abroad  the  earth  by  myself;  that  saith  to 
Jerusalem,  thou  shalt  be  inhabited,  and  to  the  cities  of  Judah,  ye  shalt 
be  built,  and  I  will  raise  up  the  decayed  places  thereof;  that  sayeth  of 
Cyrus,  he  is  my  shepherd,  and  shall  perform  all  my  pleasure  ;  even  saying 
to  Jerusalem,  thou  shalt  be  built,  and  to  the  temple,  thy  foundation  shall 
be  laid." — Isaiah  44  and  45. 

And  now  this  edict  which  had  gone  forth  from  the  King  of  kings  more 
than  two  centuries  before  the  event,  is  registered  in  the  chancery  of«*he 
Medes  and  Persians.  Cyrus  having  finished  his  mission  of  conquest,  and 
having  under  his  command  both  the  Babylonians  and  the  Jews,  whom 


APPENDIX.  539 

they  had  led  into  captivity,  issues  his  decree  for  the  restoration  of  Jeru 
salem.  At  the  appointed  time,  the  artisan  is  again  heard  in  her  streets, 
and  a  joyful  band  of  her  children  have  arrived  to  re-people  its  dwellings. 
The  temple  arises  again  upon  Mount  Moriah  in  all  its  fair  proportions, 
and  the  children  of  Judah  gather  around  its  sacred  precincts  once  more 
to  hear  the  law  of  their  God.  They  fondly  suppose  that  the  hour  of  their 
entire  establishment  as  a  nation  is  at  hand.  But  they  have  not  yet 
passed  through  the  vale  of  trial.  The  period  appointed  by  God  for  their 
entire  deliverance,  wants  many  years  yet  for  its  accomplishment.  The 
earthly  monarch,  therefore,  is  content  to  permit  the  temple  to  be  re 
stored,  and  the  city  to  be  rebuilt,  but  her  walls  must  still  remain  in  ruins, 
and  the  Jews  must  still  remain  a  province  of  the  Persian  empire.  Cyrus 
is  now  dead,  and  the  neighboring  nations  represent  to  the  Magian,  his 
successor,  the  impolicy  of  permitting  the  Jews  to  rebuild  the  walls  of 
Jerusalem,  that  rebellious  and  bad  city,  as  they  call  it.  It  is  represented 
to  him  that  such  a  fortress  and  nation  interposed  between  Persia  and  the 
Mediterranean  sea,  might,  upon  emergency,  interrupt  his  communica 
tion,  and  do  serious  mischief  to  the  empire.  New  counsels  prevail,  and 
the  work  thereupon  was  interrupted.  The  restoration  of  the  nation  can 
not  take  place  until  a  change  comes  over  the  councils  of  Persia.  If  the 
course  of  events  should  so  turn  as  to  make  it  an  object  of  State  policy  to 
the  Persian  monarch  to  build  up  that  which  he  now  desires  unbuilt ;  if 
he  could  see  advantage  from  the  interposition  of  an  independent  nation 
between  him  and  the  sea  ;  if,  for  example,  hostile  nations,  whose  courage, 
strength  and  hatred  he  had  reason  to  fear,  should  threaten  his  own  safety 
from  that  quarter,  then  he  might  desire  Jerusalem  and  a  friendly 
and  brave  people  throughout  Judea,  to  stand  as  a  barrier  between  him 
and  such  an  enemy.  But  to  produce  such  a  change  of  counsels,  the  pride 
of  Persia  must  first  be  humbled  and  her  fears  excited  by  nations  whom, 
at  this  period,  she  knew  but  to  despise. 

When  the  legions  of  Xerxes  precipitated  themselves  upon  Greece,  and 
this  vain  and  presumptuous  monarch  determined  to  wreak  his  vengeance 
upon  Athens,  no  human  eye  could  have  discerned  in  the  movements  of  that 
countless  throng  any  motive  of  action,  save  to  execute  the  mad  vengeance 
of  a  self-willed  tyrant.  Could  we  have  stood  at  the  pass  of  Thermopylae 
and  seen  the  gallant  band  of  Leonidas  arresting  this  thronging  multitude, 
little  could  we  hav^  supposed  that  the  terror  and  dread  of  Grecian  arms, 
which  their  bravery  and  heroism  created,  were  elements  at  work  to 
operate  part  of  the  great  plan  of  the  Most  High  in  behalf  of  His  church 
and  chosen  people.  The  plains  of  Marathon  and  Platcea  are  green  with 
the  laurels  due  to  Grecian  patriotism  and  valor,  and  the  names  of  Milti- 
ades,  Aristides  and  Themistocles  will  live  in  the  human  heart  so  long  as 
virtue  and  the  love  of  country  find  a  resting  place  on  earth.  But  the 
Bible  connects  into  a  plan  their  victories  and  enterprises,  which  the  pro 
fane  historian  leaves  isolated  and  disjointed.  The  invasion  of  their  soil 


640  SACRED  AND  PROFANE  HISTORY. 

and  the  destruction  of  Athens  had  created  in  the  minds  of  the  Greeks  ati 
inextinguishable  hostility  against  the  Persians,  and  the  victory  of  Salamis 
had  taught  them  the  most  effectual  means  of  meeting  the  Persian  power. 
Year  after  year  of  struggle  had  followed.  The  Persian  had  ceased  send 
ing  armies  beyond  his  empire,  but  his  fleets  were  continually  on  the  watch 
to  strike  a  blow  or  ward  off  incursion.  The  active  and  enterprising  Greek, 
bred  upon  the  seas,  knew  his  advantage  and  lost  no  opportunity  of  using 
it.  At  length  the  valor  and  conduct  of  Cimon,  the  son  of  Miltiades,  suc 
ceeded  on  two  several  occasions  in  capturing  the  whole  Persian  fleet  and 
in  destroying  their  army.  These  disasters  humbled  the  pride  of  Persia, 
and  led  to  a  peace  between  the  Greeks  and  Persians,  in  which  was  exacted 
from  Persia  that  remarkable  stipulation  that  no  Persian  commander  should 
come  with  an  army  within  three  days'  journey  of  the  sea.  The  effect  of 
this  was  to  expose  to  the  mercy  of  an  enemy  the  whole  sea-coast  of  Syria 
and  Palestine  and  to  afford  from  that  quarter  a  safe  landing  and  an  easy 
approach  to  the  capital  of  the  Persian  empire.  The  dread  of  Grecian  valor 
and  enterprise  now  made  it  obvious  to  Artaxerxes  that  as  he  could  not 
establish  a  Persian  barrier  within  three  days'  journey  of  the  sea  it  would 
be  well  to  interpose  some  other  brave  and  friendly  nation  between.  And 
there  stood  ready,  at  the  appointed  time,  the  leaders  of  the  Jewish  nation 
to  suggest  to  him  their  readiness  to  execute  his  policy.  At  once  the 
scheme  moves  on ;  the  monarch  is  now  as  earnest  as  the  Jew ;  the  walls 
of  Jerusalem,  which  had  remained  prostrate  for  seventy  years,  now  rise 
again  in  their  strength  ;  the  inhabitants  return  to  their  homes,  and  once 
again  the  Jewish  nation  resumes  its  place  among  the  established  nations  of 
the  earth.  Greek  and  Persian  and  Israelite  had  each  performed  his  separate 
part ;  Cyrus  at  the  walls  of  Babylon,  Leonidas  at  Thermopylae,  Themisto- 
cles  at  Salamis,  Miltiades  at  Marathon,  Cimon  at  Cyprus  and  the  Eury- 
medon,  Esther  at  the  Palace  of  Ahasuerus,  and  Ezra  and  Nehemiah  at  the 
walls  of  Jerusalem,  had  each  performed  his  assigned  part — each  acting 
freely  and  of  his  own  separate  will,  but  the  acts  of  all  combined  into  one 
grand  and  harmonious  whole,  by  the  Supreme  Governor  of  all,  and  made 
to  effect,  at  the  appointed  moment,  the  plans  which  He  had  declared  as 
His  purpose  centuries  before  their  consummation. 

But  we  sweep  down  the  course  of  time,  and  once  again  the  student  of 
the  Bible  is  admitted  to  see  the  spring  of  events  in  the  counsels  of  the 
King  of  kings.  Vain  have  been  the  solemn  warnings  uttered  in  the  fate 
of  the  Assyrian  and  Babylonian  empires.  The  Persian  has  followed  in  the 
same  course  of  crime  ;  its  measures  of  iniquity  is  now  full  and  the  sword 
of  vengeance  is  now  unsheathed.  We  perceive  an  Alexander  marching 
forward  with  a  mere  handful  of  men  to  encounter  this  mighty  power.  Be 
hold  him  in  the  Granicus  reeling  beneath  the  battle-axe  of  the  Rhodian  ; 
but  he  is  safe,  for  he,  too,  is  the  instrument  and  messenger  of  the  Most 
High.  His  high  behest  he  must  first  accomplish,  ere  his  reckless  and  bru 
tal  passions  can  master  the  springs  of  life.  See  him  struggling  against  the 


APPENDIX.  541 

countless  myraids  of  Issus  and  Arbela,  but  he  will  prevail,  for  the  Bible, 
long,  long  before  the  event,  had  so  declared  it  to  be  God's  purpose. 

And  now  the  Conqueror  is  advancing  towards  Jerusalem,  flushed  with 
victory,  and  burning  with  indignation  at  the  presumption  of  the  Jews  in 
refusing  him  aid  while  laying  siege  to  Tyre.  His  purpose  is  to  inflict 
condign  and  exemplary  punishment  upon  the  nation  and  rulers.  The 
terrified  people  leave  their  occupations  and  form  themselves  in  solemn 
procession  behind  their  venerable  High  Priest,  to  deprecate  the  ven 
geance  of  the  Conqueror.  At  length  the  Macedonian  legions  are  in 
sight — their  General  and  King,  the  victorious  and  impetuous  Alexander, 
suddenly  arrests  their  progress,  alights  from  his  horse,  and  he  to  whom 
the  world  was  yielding  its  homage,  advances  to  the  High  Priest  with 
humble  demeanor,  and  bowing  low  before  him,  salutes  him  with  reli 
gious  veneration.  The  startled  attendants  who  had. expected  a  scene  of 
blood  and  carnage,  stand  amazed  at  the  spectacle,  until  one  of  them  ven 
tures  to  inquire  its  cause.  Alexander  answered,  that  when  in  Macedo 
nia  he  was  deliberating  as  to  the  Persian  war,  this  very  Priest,  in  the 
same  garb  in  which  he  was  now  attired,  had  appeared  to  him  in  a  dream, 
had  encouraged  him  to  proceed,  and  had  promised  him  the  assistance  of 
God  in  overthrowing  the  empire  of  Persia.  The  Monarch  then  proceeded 
to  embrace  the  High  Priest,  accompanies  him  to  Jerusalem  as  a  friend 
and  protector,  and  increases  the  privileges  and  immunities  of  his  people. 
Such  a  result  under  such  circumstances,  is  entirely  inexplicable  to  the 
profane  historian — but  a  glance  at  the  Bible  explains  the  whole  mystery. 
The  designs  of  the  Most  High  are  there  declared,  and  Alexander,  with 
all  his  power,  was  the  humble  instrument  by  \vhich  they  were  executed. 
The  chosen  people  are  made  the  special  objects  of  the  Conqueror's  pro 
tection,  and  Alexander  proceeds  on  his  mission  to  extend  the  Grecian 
name  and  the  Grecian  language,  in  every  quarter  of  the  globe.  With 
the  rapidity  of  the  tempest,  he  passes  along  and  prepares  the  soil  for  the 
great  events  which  are  about  to  follow. 

But  the  Grecian  sway  is  now  subverted  by  a  mightier  and  more  endur 
ing  power.  The  Eoman  eagles  are  advancing  from  the  plains  of  Italy, 
and  with  stern  and  steady  progress,  are  bowing  the  nations  to  their  iron 
rule.  The  historian  in  vain  seeks  for  causes  why  a  city  without  com 
merce  or  local  advantages,  built  upon  a  turbid  stream,  which  modern  civ 
ilization  would  deem  unfit  for  any  maritime  use — with  none  of  those  ele 
ments  of  national  wealth  or  strength,  which  would  seem  to  fit  it  for  em 
pire — why  such  a  city  should  acquire  an  ascendancy  over  the  whole  world, 
and  subject  to  its  dominion  every  civilized  nation.  For  six  hundred  years 
it  had  been  struggling  almost  for  existence,  and  the  time  had  now  ar 
rived,  when  its  agency  was  required  for  higher  purposes.  The  Bible  af 
fords  the  key  to  what  otherwise  seems  inexplicable.  The  grand  event  in 
the  scheme  of  Providence  was  now  about  to  happen.  The  time  appointed 
for  the  appearance  of  the  Son  of  Righteousness  was  at  hand,  and  even  the 


542  SACRED  AND  PROFANE  HISTORY. 

Pagan  nations  themselves  were  in  expectation  of  the  advent  of  some  great 
personage  to  bless  the  nations.  To  pave  the  way  for  all  the  benefits  of 
his  mission,  it  seemed  well  that  the  civilized  world  should  be  subjected 
beneath  one  rule  ;  that  freedom  of  communication  should  subsist  between 
all  nations,  and  that  they  should  be  united  under  one  polity  and  one  sys 
tem.  The  arts  and  sciences  of  Greece,  combined  with  the  conquests  of 
Alexander,  had  spread  the  Grecian  language,  and  made  it  the  efficient 
means  of  communicating  in  writing  with  the  whole  world.  The  Hebrew 
Scriptures  had  been  translated  under  the  Ptolemies  into  the  same  lan 
guage,  and  were  thereby  opened  to  the  knowledge  of  the  civilized  world. 
The  Roman  power  now  stepped  in  to  consolidate  what  the  Grecian  had 
commenced,  and  there  exists  no  period  in  history,  in  which  all  nations 
have  been  brought  into  closer  contact  under  one  head,  and  under  circum 
stances  of  more  perfect  civilization  and  intercourse,  than  under  the  first 
Roman  emperors.  The  final  cause  and  object  of  all  this,  are  developed 
by  the  Bible ;  and  the  unparalleled  and  miraculous  spread  of  Christian 
ity  in  the  first  and  second  century,  affords  the  most  conclusive  proof  that 
every  thing  had  been  prepared  for  it  by  a  Master  hand.  When  Augustus 
Csesar  caused  the  Temple  of  Janus  to  be  shut,  he  little  knew  the  purpose 
he  was  effecting  by  universal  peace  ;  nor  could  any  of  the  men  of  genius 
who  ornamented  his  court,  discover  by  what  human  agency  his  arms  had 
been  made  to  triumph  over  every  obstacle,  and  to  lay  the  foundations  of 
such  universal  and  lasting  empire.  Even  they  themselves  referred  it  all 
to  the  Supreme  God,  and  called  the  emperor  his  favorite — and  the  univer 
sal  expectation  of  the  arrival  of  some  extraordinary  Being  to  bless  the 
nations,  is  beautifully  painted  in  the  memorable  verses  of  Virgil : 

Ultima  Cumaei  venit  jam  carminis  setas 
Magnus  ab  integre  sscclorum,  nascitur  ordo, 
Jam  Redit  et  Virgo,  redeunt  Saturnia  Regna 
Jam  nova  progenies  cselo  demittitur  alto. 

Could  the  eyes  of  the  Bard  of  Mantua  have  been  opened  to  behold  in 
reality  the  personage  whose  coming  was  expected ;  could  he  have  seen 
Him  laying  aside  the  glories  of  Heaven  and  the  ineffable  happiness  of 
the  Godhead,  to  assume  the  form  of  man,  and  that  too  as  a  servant  of 
servants ;  could  he  have  observed  His  meek  and  patient  and  lowly  de 
meanor  throughout  a  life  of  toil  and  suffering ;  could  he  have  seen  Him 
voluntarily  enduring  the  scoffs  and  blows,  and  finally  the  excruciating 
death  of  a  malefactor,  and  all  that  he  and  we,  and  all  our  fellow-men 
might  be  saved  from  everlasting  destruction,  and  be  made  partakers  of 
that  same  glory  from  which  He  had  descended  !  Oh  !  into  what  a  nobler 
strain  would  his  muse  have  burst ;  how  must  his  soul  have  glowed  with 
fires  now  indeed  made  sacred,  and  how  he  would  have  hymned  forth 
rapturous  and  immortal  anthems  of  praise,  for  love  so  transcendent,  for 
goodness  so  divine. 

But  we  hasten  down  the  course  of  time  to  the  last  point  at  which  we 
intend  to  pause.  The  grave  has  now  mastered  the  constellation  of  genius 


APPENDIX.  543 

which  surrounded  the  throne  of  Augustus,  and  he  and  all  his  kinsmen 
are  asleep  in  dust.  We  perceive  the  busy  and  thronging  multitudes 
again  alive  with  action  in  the  streets  of  Rome ;  and  lo !  the  gates  of 
the  Temple  of  Janus,  so  long  closed  in  peace,  now  stand  open  wide.  The 
legions  are  in  full  advance  towards  the  land  of  Palestine,  fraught  with 
the  mission  of  the  whirlwind.  The  self-willed  and  blinded  Jews  have, 
by  repeated  acts  of  rebellious  violence,  aroused  the  fury  of  the  Roman 
power,  and  there  it  advances,  with  slow  and  measured  tread,  to  burst 
upon  their  land.  Fortress  after  fortress  has  fallen  before  the  invader ; 
and  the  cool  and  determined  Titus  has  now  sat  down  before  the  walls  of 
Jerusalem.  With  settled  purpose  he  has  cast  a  bank  around  the  devoted 
city,  and  hemmed  in  the  wretched  inhabitants  on  every  side.  But  amid 
all  their  wretchedness  there  is  among  them  no  faltering  resolution ;  and 
he  who  would  dare  propose  submission  to  the  Roman,  must  suffer  instant 
death.  Blinded  and  infatuated,  they  seem  devoted  to  destruction  ;  they 
see  death  without  and  around,  and  yet  their  furious  passions  are  not 
checked ;  for,  a  mid  the  cries  of  the  famished,  may  be  heard  the  clash  of 
arms,  and  the  groans  of  brethren  slain  by  a  brother's  hand.  Enormities 
the  most  horrid  and  revolting  are  perpetrated  within  the  walls,  so  horrid 
as  to  excite  the  hatred  and  indignation  of  the  sanguinary  Roman  sol 
diery.  They  break  down  the  walls,  burst  into  the  city,  and,  in  defiance 
of  the  benevolent  and  urgent  commands  of  their  wTell-beloved  General, 
they  burn  down  the  magnificent  temple  and  lay  it  in  ruins,  literally  leav 
ing  not  one  stone  upon  another.  The  city  is  demolished ;  its  very  founda 
tions  are  ploughed  up,  and  as  though  to  devote  it  to  utter  desolation,  the 
earth  which  supported  the  walls  is  sowed  with  salt.  Thousands  of  the 
miserable  people  are  nailed  to  crosses,  and  the  millions  that  remain  are 
led  away  captive  and  scattered  among  the  nations  of  the  earth.  From 
that  hour  the  Jewish  nation  has  ceased  to  have  a  country  or  a  home. 
Near  two  thousand  years  have  since  rolled  on,  and  they  still  present  the 
unparalleled  phenomenon  of  a  nation,  with  all  the  elements  of  unity, 
yet  without  power  to  unite  ;  scattered  throughout  the  world  and  exposed 
to  every  circumstance  of  trial,  yet  preserving  their  identity  as  a  people 
where  every  other  people  have  been  destroyed,  or  have  been  melted  into 
the  mass  around  them. 

Even  the  reckless  Pagan  soldiers,  who  looked  upon  the  ruin  of  this 
people  when  Jerusalem  fell,  attributed  the  events  which  they  witnessed 
to  the  direct  interposition  of  the  gods.  But  we,  who  stand  two  thou 
sand  years  behind  them,  and  see  the  still  more  wonderful  history  that 
succeeded ;  we,  who  behold  the  present  state  of  their  nation,  and  the 
remarkable  events  which  are  now  discovering  their  lost  ten  tribes,  and 
which  are  combining  to  restore  them  all  to  their  former  country ;  we, 
with  the  Bible  in  our  hand,  can  read  at  once  the  design  and  the  solution 
of  the  mystery.  In  this  wonderful  book  their  fate  is  declared  by  God, 
fifteen  centuries  before  the  destruction  of  Jerusalem. 


544  SACRED  AND  PROFANE  HISTORY. 

"If  it  shall  come  to  pass,"  says  he,  "that  thou  wilt  not  hearken  unto 
the  voice  of  the  Lord  thy  God  to  observe  to  do  all  his  commandments  and 
his  statutes  which  I  command  thee  this  day,  then  all  these  curses  shall 
cotne  upon  thee,  and  overtake  thee.  The  Lord  shall  bring  a  nation 
against  thee  from  afar,  from  the  end  of  the  earth,  as  swift  as  the  eagle 
flieth — a  nation  whose  tongue  thou  shalt  not  understand — a  nation  of 
fierce  countenance,  who  shall  not  regard  the  person  of  the  old,  nor  show 
favor  to  the  young.  And  he  shall  besiege  thee  in  all  thy  gates,  until  thy 
high  and  fenced  walls  wherein  thou  trustest,  come  down  throughout  thy 
land.  And  thou  shalt  eat  the  fruit  of  thine  own  body,  the  flesh  of  thy 
sons  and  of  thy  daughters,  in  the  siege  and  in  the  straitness  wherewith 
thy  enemies  shall  distress  thee.  And  ye  shall  be  plucked  from  off  the 
land.  And  the  Lord  shall  scatter  thee  among  all  people  from  the  one  end 
of  the  earth  even  unto  the  other.  And  among  these  nations  shalt  thou 
find  no  ease,  neither  shall  the  sole  of  thy  foot  have  rest ;  but  the  Lord 
shall  give  thee  there  a  trembling  of  heart,  and  failing  of  eyes,,and  sorrow 
of  mind.  Even  all  nations  shall  say,  Wherefore  hath  the  Lord  done  thus 
unto  this  land?  Then  men  shall  say,  Because  they  have  forsaken  the 
covenant  of  the  Lord  God  of  their  fathers ;  for  they  went  and  served  other 
gods,  and  the  anger  of  the  Lord  was  kindled  against  this  land,  and  the 
Lord  rooted  them  out  of  their  land  in  anger,  and  in  wrath,  and  in  great 
indignation,  and  cast  them  into  another  land,  as  it  is  this  day." — 28  and 
29  Deut. 

Awful  denunciation !  and  yet  those  to  whom  it  was  uttered  dared  to 
encounter  it.  They  ventured  to  rebel  against  the  Great  Being,  of  whose 
truth  and  power  they  had  seen  so  many  manifestations ;  rejected  his 
every  message  of  reconciliation ;  and  finally,  when,  as  a  consummation 
of  Almighty  goodness,  the  Lord  of  the  vineyard  sent  to  them  his  own 
Son,  they  cried, "  Crucify  him !  crucify  him !  his  blood  be  upon  us  and 
upon  our  children."  Blind  and  infatuated  men  !  Eighteen  centuries  of 
humiliation  and  of  woe,  have  been  the  burthen  of  this  dreadful  impreca 
tion.  The  sole  of  your  foot  has  yet  found  no  resting  place  on  the  earth. 
The  fair  daughter  of  Zion  still  mourns  her  desolation  ;  and  Jerusalem  is 
yet  trodden  down  of  the  Gentiles,  and  so  must  continue,  until  the  times 
of  the  Gentiles  shall  be  accomplished. 

Could  some  gifted  hand  be  permitted  to  draw  aside  the  veil,  and  ex 
hibit  to  us  the  period  when  these  times  shall  have  been  accomplished,  we 
should  then  see  how  the  plan  of  Omnipotence  had  combined  into  a  whole 
the  stirring  events  which  our  own  times  have  witnessed.  Even  with  our 
limited  vision,  we  can  perceive  how  the  wild  incursion  of  Napoleon,  with 
his  legions  upon  the  plains  of  Egypt  and  Syria,  has  paved  the  way  for 
that  most  extraordinary  change,  by  which  the  nations  of  the  east  have, 
as  it  were,  been  brought  westward,  and  made  to  become  an  integral  part 
of  the  political  system  of  Europe.  Our  own  eyes  are  beholding  the  Otto 
man  power  actually  crumbling  in  pieces,  without  external  pressure  or 


APPENDIX.  545 

design ;  or,  as  the  Bible  expresses  it,  "  breaking  without  hands."  Behold, 
on  the  one  side,  the  blind  fury  of  the  Sultan,  lopping  off  at  Constanti 
nople  the  right  arm  of  his  own  power  by  butchering  the  Janizaries  and 
destroying  the  national  pride  of  his  people.  See,  on  the  other,  the 
fleets  of  England,  his  professed  friends  and  allies,  sinking  at  Navarino 
the  entire  navy  of  Turkey,  in  a  battle  so  repugnant  to  the  wishes  and 
policy  of  the  British  Government,  as  to  compel  them  to  lament  and  dis 
avow  their  own  victory,  and  brand  it  as  an  undesigned  and  "  untoward 
blunder."  Behold  that  same  England,  when  the  armies  of  Mehemet  Ali 
are  in  full  advance  upon  Constantinople,  and  are  about  to  plant  a  new 
dynasty  and  infuse  new  life  and  vigor  into  the  Turkish  monarchy ;  be 
hold  her  arresting  their  advance,  and  again  inflicting  upon  Turkey  the 
very  wound  which  it  was  their  design  to  avert,  leaving  her  powerless  and 
broken,  by  the  very  act  which  they  intended  should  secure  her  strength. 

Could  we  but  raise  the  curtain  one  moment  longer,  with  what  deepen 
ing  interest  would  we  consider  the  novel  incident  of  yesterday,  when 
after  so  many  centuries  of  persecution  and  hate,  the  Christian  world 
united  to  rescue  the  Jews  within  the  walls  of  Damascus ;  and  the  mere 
voice  of  Christendom  shook  loose  the  grasp  of  the  Turk,  and  gave  new 
courage  to  the  dispirited  and  forsaken  Jew  !  And  deeper  still  would  be 
the  interest  with  which  we  should  view  the  struggle  now  going  on  for  the 
independence  of  Syria  and  Palestine — and  the  discovery  which  is  even 
now  being  developed  of  the  remnant  of  the  long  lost  Ten  Tribes  of  Israel, 
found  at  last,  fenced  in  among  inaccessible  mountains,  upon  the  very  spot 
whither  the  Bible  tells  us  they  were  led  captive  twenty-five  centuries 
ago — pressed  upon  and  hemmed  in  by  hostile  and  superior  strength,  yet 
safe  under  the  protection  of  Almighty  promise. 

Then,  indeed,  would  every  heart  be  opened,  and  every  tongue  confess, 
as  in  the  days  of  Elijah,  the  Lord,  He  is  God.  His  providence  is  over  all 
His  works  Not  even  a  sparrow  falleth  to  the  ground  without  His  hand, 
and  His  truth  endureth  from  generation  to  generation.  The  great,  the 
mighty  truth,  would  be  fastened  upon  every  mind,  "  that  the  Lord  is 
King ;  the  earth  may  be  glad  thereof."  "  Tell  it  out  among  the  heathen 
that  the  Lord  is  King,  and  that  it  is  He  wTho  hath  made  the  round  world 
so  fast  that  it  cannot  be  moved,  and  how  that  He  shall  judge  the  people 
righteously." 

"In  His  hand  are  all  the  corners  of  the  earth,"  and  the  whole  system 
of  the  universe  is,  through  Him,  combined  into 

"One  stupendous  whole, 
Whose  body  nature  is,  and  God  the  soul. 
Warms  in  the  sun,  refreshes  in  the  breeze, 
Glows  in  the  stars,  and  blossoms  in  the  trees ; 
Lives  through  all  life,  extends  through  all  extent, 
Spreads  undivided,  operates  unspent. 
To  Him  no  high,  no  low,  no  great  no  small, 
He  fills,  he  bounds,  connects  and  equals  all." 
S5 


546  SACRED  AND  PROFANE  HISTORY. 

Gentlemen  of  the  Euphradian  and  Clariosophic  Societies: 

The  time  will  soon  arrive  when  you  will  leave  the  care  of  this  our 
Alma-Mater,  to  take  your  places  upon  the  stage  of  human  action.  Many 
of  you  will  be  called  upon  to  yield  your  talents  to  the  service  and  coun 
cils  of  our  country.  It  is  when  the  active  duties  of  life  shall  make  their 
demands  upon  you  that  you  will  perceive  and  exhibit  the  value  of  the 
principles  with  which  your  minds  are  imbued.  Their  truth  or  error  will 
produce  results  fraught  with  blessing  or  with  evil,  to  yourselves  and  to 
others,  within  your  sphere  of  influence.  It  is  of  the  last  importance, 
then,  that  you  should  search  well  your  foundation,  and  plant  yourselves 
upon  those  great  principles  of  Religious  truth,  which,  like  the  never- 
failing  laws  of  nature,  ever  point  to  the  same  great  centre  from  which 
they  all  do  emanate. 

In  Physical  Science,  as  well  as  in  mere  Mental  Philosophy,  it  has 
pleased  the  great  Creator  to  place  us  in  the  midst  of  facts,  and  leave  us 
to  build  up  systems  from  these  facts  by  the  operations  of  inductive  reas 
oning.  As  the  truth  or  error  of  these  systems  involve  no  moral  agency, 
we  are  not  held  accountable  for  them,  but  are  left  free  to  admit  or  deny 
their  reasonableness,  accordingly  as  they  impress  our  minds.  But  when 
we  step  further,  and  reach  the  point  of  action,  philosophy  has  become 
changed  to  duty,  and  the  wisdom  and  benevolence  of  God  now  intervene 
to  guide  us.  Revelation  now  presents  us  with  positive  commands,  and 
the  facts  of  the  moral  world  are  no  longer  kept  at  large  to  be  arranged 
into  system  by  our  finite  intelligence,  but  are  adjusted  by  infinite  wisdom 
into  so  simple  and  well-contrived  a  scheme  that  he  who  runs  may  read 
it.  Thus,  in  the  events  of  history,  to  which  I  have  been  directing  your 
attention,  God  does  not  permit  us  to  look  unon  the  prosperity  and  upon 
the  ruin  of  nations  as  a  mere  spectacle  to  be  gazed  at ;  but  He  tells  us 
distinctly  of  the  object  and  causes  of  that  prosperity  and  of  that  destruc 
tion.  Behold  this  nation,  says  He  ;  it  shall  flourish  because  it  obeys  my 
laws.  Look  at  this  other ;  it  hath  filled  up  the  measure  of  its  iniquities, 
and  I  will  sweep  it  with  the  besom  of  destruction.  The  great  principle 
is  announced,  "  The  righteous  shall  flourish  like  a  palm  tree,  and  shall 
spread  abroad  like  a  cedar  in  Lebanon ;  while  the  wicked  shall  be  cut 
down  like  the  grass,  and  be  withered  even  as  the  green  herb."  And  as 
we  follow  down  the  course  of  events  we  behold  nation  after  nation  sub 
jected  to  this  rule,  and  suffering  its  consequences  with  that  undeviating 
certainty  which  is  the  element  of  every  law  of  God. 

Thus  are  we  taught  that  we,  too,  must  be  subjected  to  this  same  unva 
rying  law.  Our  people  and  our  nation  must,  like  those  whose  fate  has 
been  exhibited  to  us,  be  weighed  in  the  everlasting  balance.0  See,  then, 
to  what  point  you  are  brought !  Behold  how  important  it  is  that  you, 
who  must  soon  take  our  places  in  directing  the  destinies  of  South  Caro 
lina,  should  feel  your  dependence  upon  the  Almighty  Governor  of  the 
universe,  and  should  strive  to  secure  this  favor  and  obey  His  laws. 


APPENDIX.  547 

Behold  His  blessing  or  His  curse  awaiting  the  course  which  you  may 
pursue.  See  what  may  be  done  by  the  efforts  of  even  a  few,  when,  for 
ten  righteous  men,  even  Sodom  would  have  been  spared.  But  not  only 
will  the  land  be  spared,  but  it  will  be  refreshed  by  the  favor  of  the  King 
of  kings  if  you  will  but  keep  in  that  land  a  remembrance  of  His  statutes, 
and  an  earnest  desire  to  walk  in  the  same. 

There  is  also  another  great  practical  principle  announced  in  the  events 
which  we  have  been  considering,  to  which  I  desire  to  invite  your  atten 
tion.  It  is,  that  man  is  not  held  accountable  for  ultimate  consequences. 
The  immediate  act  before  him  is  that  which  he  must  conscientiously 
do.  Duties  are  ours,  results  are  in  the  hands  of  God.  We  are  not 
charged  to  concern  ourselves  about  possible  results,  further  than  as  they 
are  part  of  the  present  act.  The  providence  of  God  cares  for  the  future  ; 
our  business  is  with  the  present.  We  are  to  see  that  our  next  step  is  in 
the  straightforward  path  of  truth — that  our  next  act  is  prompted  by  an 
enlightened  sense  of  right ;  and  all  fear,  lest  in  doing  right  now,  we  may 
suffer  evil  hereafter,  is  to  be  banished  from  the  mind.  On  no  occasion  is 
the  conscience  to  be  beguiled  by  the  snare  that  one  false  step  may  be 
taken  to  retrace  or  avoid  evil,  or  to  procure  future,  good.  If  we  move 
steadily  forward  in  the  path  of  right,  God  has  given  us  his  promise  that 
no  evil  shall  befall  us,  however  much  it  may  seem  to  impend. 

"  On  the  lion  vainly  roaring,  on  his  young  thy  foot  shall  tread, 

And  the  dragon's  den  exploring,  thou  shalt  bruise  the  serpent's  head." 

Such  a  course  of  action  creates  a  noble,  manly,  Christian  character — 
unfaltering  in  its  resolution,  brave  in  action,  and  strong  of  purpose — fear 
less,  never  daunted,  and  always  moving  onward  in  the  path  of  duty.  Con 
fident  of  the  support  of  the  Supreme  Lord  of  all,  he  is  relieved  from  all 
fear  of  human  opposition,  and  is  discharged  from  every  feeling  of  morti 
fication  at  defeat,  or  exultation  at  success.  Flattery  cannot  pervert, 
scorn  or  ridicule  cannot  move  him,  for  the  approbation  which  alone  he  seeks 
is  that  of  the  Great  Being  who  has  never  failed  those  who  seek  His  favor. 

It  is  true  that  occasionally  the  path  may  be  beset  with  danger.  Dark 
ness  may  obscure  the  distance — even  clouds  may  lower,  and  threaten  to 
burst,  if  we  pursue  our  way.  But  there  is  the  test  of  principle  ;  there  is 
to  be  exhibited  the  force  of  that  truth  which  should  fill  our  souls — the 
truth  to  be  deduced  from  every  page  of  revealed  religion.  "  The  eyes  of 
the  Lord  are  upon  the  righteous,  and  his  ears  are  open  unto  their  cry." 
Let  him  who  is  beset  with  danger,  stand  firmly  at  his  post,  and  the  path 
will  soon  be  clear.  Let  him  who  fears  the  bursting  of  the  storm,  advance 
in  the  direction  whither  duty  calls ;  let  him  breast  even  the  billows,  and 
they  will  subside  before  him ;  for  he  has  the  sure  word  of  promise  from 
Him,  of  whose  truth  heaven  and  earth  bear  witness : 

"  Fear  not,  I  am  with  thee ;  oh !  be  not  dismayed, 
I,  I  am  thy  God,  and  will  still  give  thee  aid ; 
I'll  strengthen  thee,  help  thee,  and  cause  thee  to  stand, 
Upheld  by  my  righteous,  omnipotent  hand." 


MESSAGE  OF  THE  GOVERNOR. 


GOVERNOR  McDUFFIE'S  MESSAGE. 


On  Tuesday,  at  12  o'clock,  His  Excellency  Governor  McDuffie  commu 
nicated  to  the  Legislature  by  Beaufort  T.  Watts,  Esq.,  Executive  Secre 
tary,  the  following  message,  which  was  read  by  him : 

EXECUTIVE  DEPARTMENT,  November  28, 1836. 
Fellow-Citizens  of  the  Senate  and  of  the  House  of  Representatives  : 

About  to  bid  adieu  to  the  cares  and  responsibilities  of  public  life,  and 
meeting  you  for  the  last  time  to  unite  with  you  in  deliberations  for  pro 
moting  the  welfare  of  South  Carolina,  I  am  incapable  of  expressing  the 
gratification  I  experience  in  contemplating  the  spectacle  of  unexampled 
prosperity,  which  now  crowns  the  hopes  and  blesses  the  labors  of  all 
classes  of  our  fellow-citizens. 

At  no  former  period  have  they  enjoyed  such  abundant  pecuniary  means 
of  fulfilling  their  destinies  as  a  community  of  enlightened  freeman,  and 
of  discharging  the  obligations  which  they  owe  to  the  world  and  to  their 
posterity,  by  promoting  the  great  cause  of  human  improvement,  and  by 
laying  deep  the  foundations  of  liberty  in  a  well-educated  population,  and 
a  wrell-organized  system  of  social  and  civil  polity.  And  while  it  becomes 
us  to  be  devoutly  thankful  to  an  overruling  Providence  for  these  ample 
means  of  happiness,  we  cannot  be  too  deeply  impressed  with  the  convic 
tion,  that  we  are  responsible  to  that  Providence  for  their  proper  use  and 
improvement.  Nor  can  we,  thus  highly  favored  as  a  people,  neglect  our 
advantages  with  impunity.  We  must  improve  the  talent  entrusted  to 
our  care,  or  pay  the  penalty  denounced  against  the  unprofitable  servant. 
We  must  give  a  public  spirited  and  patriotic  direction  to  the  resources  of 
the  State,  and  move  forward  in  the  career  of  improvement,  civil,  military, 
moral,  intellectual  and  social,  or  sink  down  into  that  state  of  sordid  sel 
fishness,  in  which  even  avarice  will  be  finally  overcome  by  indolence  and 
the  love  of  luxurious  indulgence.  If  it  be  true — as  history  but  too  im 
pressively  teaches  us — that  communities  are  less  capable  of  bearing  pros 
perity  than  adversity,  it  should  admonish  us  of  the  dangerous  eminence 
on  which  we  now  stand,  where  one  false  and  downward  step  may  precip 
itate  us  from  our  envious  height  into  the  ignominious  gulf  below,  which 
yawns  ready  to  receive  us. 

I  wish  I  could  persuade  myself  that  these  are  mere  barren  specula 
tions,  drawn  from  the  experience  of  other  countries,  but  inapplicable  to 
our  own.  But  I  cannot  be  blind  to  the  threatening  premonitions  of  a 
premature  national  degeneracy,  which  are  visible  in  all  directions,  and 
not  least  conspicuous  at  the  centre  of  our  Federal  empire. 


APPENDIX.  549 

It  belongs  appropriately  to  you,  fellow-citizens,  as  the  legislators  of 
South  Carolina,  and  the  selected  guardians  of  her  welfare,  to  counteract, 
by  all  the  means  in  your  power,  these  fearful  and  downward  tendencies, 
and  to  give  such  a  wise  and  salutary  direction  to  the  moral,  intellectual, 
and  physical  energies  of  the  people,  as  will  expand  every  selfish  feeling 
into  patriotism,  and  impress  it  upon  the  mind  of  every  citizen,  that  his 
first  and  greatest  interest  is  the  general  prosperity  of  the  State,  and  the 
security  of  her  institutions,  her  rights,  and  her  liberties. 

To  build  up  the  solid  fabric  of  the  prosperity  of  a  State  by  develop 
ing  the  elements  of  her  wealth  and  power,  and  organizing  systems  of 
public  instruction,  calculated  to  elevate  the  standard  of  popular  morals 
and  popular  intelligence,  is  the  noblest  employment  that  can  excite  the 
ambition,  or  task  the  faculties  of  legislators  and  statesmen.  In  com 
parison  with  this,  the  miserable  schemes  of  petty  and  selfish  ambition, 
scrambling  for  office  through  all  the  filthy  mazes  of  intrigue  and  corrup 
tion,  sink  into  contempt  and  insignificance.  South  Carolina  has  achieved 
an  enviable  reputation  by  her  noble  and  successful  struggle  for  the 
essential  interests  and  the  constitutional  rights  of  the  Southern  States. 
Her  success  in  that  unequal  contest,  and  the  high  character  with  which 
she  came  out  of  it,  were  principally  owing  to  the  apparent  and  acknowl 
edged  fact,  that  her  statesmen  and  her  people,  were  actuated  exclusively 
by  a  patriotic  spirit  of  resistance,  directed  against  a  system  of  unconsti 
tutional  oppression,  without  any  ulterior  purpose  of  selfish  ambition. 
Let  us  cherish  and  preserve  the  reputation  we  have  thus  nobly  acquired 
as  the  Romans  did  their  Vestal  fire.  Let  no  statesman  of  South  Carolina 
tarnish  her  glorious  escutcheon  by  enlisting  as  a  partisan  under  the  ban 
ner  of  any  of  those  political  chiefs  who  are  grasping  at  the  presidential 
sceptre.  The  political  principles  and  peculiar  institutions  of  the  State 
may  be  sold  and  sacrificed,  but  most  assuredly,  they  can  never  be  pre 
served  by  such  degrading  partisanship.  South  Carolina,  and  all  the 
States  having  similar  institutions, "  must  not  put  their  trust  in  Presi 
dents,"  but  look  to  their  own  power  and  principles,  for  the  security  of 
their  rights  and  institutions.  They  are  in  a  permanent  minority  on  all 
questions  affecting  these  rights  and  institutions,  and  whoever  may  ex 
ercise  the  powers  of  the  Chief  Magistracy,  they  will  be  exercised  in  obe 
dience  to  the  will  of  the  adverse  majority.  So  long  as  this  state  of  things 
shall  continue  ;  so  long  as  the  executive  government  of  the  United  States 
shall  be  conducted  by  an  administration  holding  principles  incompatible 
with  the  full  security  of  our  institutions  and  rights,  no  statesman  of  South 
Carolina  can  become  associated  with  that  administration  without  justly 
incurring  the  imputation  of  becoming  an  accomplice  in  overthrowing  the 
essential  guarantees  of  her  vital  interests.  He  cannot  worship  the  sun 
of  federal  power  and  offer  up  the  homage  of  a  devoted  heart  on  the  altars 
of  the  State. 


550  MESSAGE  OF  THE  GOVERNOR. 

If  the  politicians  of  all  the  planting  States  would  act  upon  these  obvious 
principles,  our  rights  and  institutions  would  be  speedily  placed  upon  a 
foundation  which  nothing  could  shake  in  future.  The  whole  of  those 
States  would  be  united  upon  principles  essential  to  their  very  existence, 
and  standing  upon  the  ramparts  of  the  constitution,  in  defense  of  their 
sacred  rights,  would  present  a  phalanx  which  no  assailing  power  could 
overcome. 

But,  however  other  States  may  think  on  this  subject,  I  trust  these  will 
always  be  the  principles  of  South  Carolina,  and  that  they  will  be  sacredly 
regarded  and  faithfully  observed  by  all  her  public  functionaries.  I  sin 
cerely  believe  that  they  constitute  the  talisman  of  her  political  strength, 
and  that,  if  maintained,  they  will  throw  around  her  institutions  a  magic 
circle,  which  neither  ambition  nor  fanaticism  will  venture  to  overleap. 
Leaving  then  the  Federal  government  to  run  its  fated  career,  and  stand 
ing  proudly  aloof  from  all  those  intriguing  combinations  and  "  entangling 
alliances  "  by  which  politicians  may  natter  themselves  that  they  are  serv 
ing  their  constituents,  when  they  are  only  promoting  their  own  agran- 
disement,  let  us  dedicate  all  our  faculties  and  all  our  efforts  to  the  im 
provement  of  our  beloved  State,  in  all  that  can  contribute  to  her  intelli 
gence,  wealth,  power  and  security. 

For  the  accomplishment  of  these  patriotic  ends,  too  much  attention 
cannot  be  bestowed  on  the  subject  of  education  in  all  its  stages,  and  in 
all  its  branches.  And  I  beg  leave,  most  respectfully,  to  refer  you  to  the 
views  contained  in  my  last  annual  message  in  relation  to  the  schools  of 
elementary  instruction.  It  is  in  these  humble  seminaries  that  the  rising 
generation  receive  those  early  impressions  which  exercise  a  permanent 
and  decided  influence  upon  their  conduct  and  character  in  future  life. 

They  are,  emphatically,  the  nurseries  of  freemen,  and  the  wisdom  of 
the  State  can  in  no  way  so  effectually  provide  for  the  perpetuation  of  our 
free  institutions,  as  by  measures  calculated  to  elevate  their  character,  by 
securing  competent  instructors  and  furnishing  for  their  use  such  elemen 
tary  school-books  as  will  imbue  the  minds  of  our  youth  with  sound  and 
practical  views,  religious,  moral  and  political. 

No  constitutional  charter,  however  wise  its  provisions,  can  give  freedom 
to  a  people.  We  must  have  free  men  before  we  can  have  a  free  government; 
and  we  cannot  be  too  deeply  impressed  with  the  conviction  that  the  es 
sential  qualifications  of  a  free  man  are  intelligence  to  comprehend  his 
rights  and  interests  with  the  spirit  and  the  military  skill  which  are  neces 
sary  to  defend  them.  The  fatal  experience  of  but  too  many  nations  and 
communities  around  us  conclusively  demonstrates  that  where  the  great 
body  of  the  people  are  destitute  of  these  qualifications,  every  attempt  at 
self-government  must  end  in  some  new  form  of  despotism.  In  my  opin 
ion  our  systems  of  school  instruction  should  be  made  to  assume  a  more 
practical  character,  having  a  more  direct  reference  to  the  business  and 
the  duties  of  active  life.  The  common  reproach  against  a  classical  edu- 


APPENDIX.  551 

cation,  that  it  tends  to  disqualify  our  young  men  from  performing  these 
duties  is  not  without  some  foundation.  It  is  not  uncommon  to  meet  with 
scholars  well  versed  in  the  systems  of  ancient  polytheism  in  the  fables  of 
the  ancient  poets,  and  in  the  scarcely  less  fabulous  narratives  of  the  an 
cient  historians,  who  have  scarcely  a  smattering  of  the  history  and  con 
stitutions  of  their  own  country.  The  effect  produced  on  the  minds  of 
young  men  by  a  too  exclusive  attention  to  such  a  course  of  reading  in  our 
schools  and  colleges  is  similar  to  that  which  is  produced  on  the  minds  of 
young  females  by  reading  sentimental  novels  It  introduces  them  into 
a  world  of  fancy  entirely  different  in  all  respects  from  that  in  which  they 
are  destined  to  act  a  part,  and  evidently  tends  to  disqualify  them  from 
acting  that  part  amidst  the  rugged  realities  of  life.  To  counteract  this 
tendency  a  concise  popular  history  of  our  own  country,  written  in  a  pure 
and  simple  style,  and  a  clear  exposition  of  the  great  fundamental  prin 
ciples  of  our  system  of  government  should  be  introduced  into  all  our 
grammar  schools.  For  the  purpose  of  effecting  this  desirable  result, 
means  should  first  be  adopted  for  obtaining  these  works,  and  to  secure 
their  introduction  into  our  schools  it  should  be  provided  in  the  regula 
tions  of  the  College  that  no  young  man  should  enter  the  sophomore  class 
who  could  not  stand  an  examination  on  the  historical  narrative,  nor  the 
senior  class  who  could  not  stand  an  examination  on  the  political  expo 
sition. 

With  the  same  view  of  giving  a  more  practical  bearing  to  our  system  of 
popular  instruction,  I  suggest  the  expediency  of  establishing  in  our  col 
lege  a  professorship  of  civil  and  military  engineering.  The  works  of  in 
ternal  improvement,  which  are  now  in  progress,  and  will  probably  continue 
to  be  projected  for  many  years  to  come  in  South  Carolina  and  the  neigh 
boring  States,  will  require  the  services  of  a  great  number  of  civil  engi 
neers,  and  it  is  in  all  respects  desirable  that  we  should  have  citizens  of  our 
own  well  qualified  in  this  highly-important  department,  whose  services 
we  can  at  all  times  command.  So  great  is  the  demand  for  this  kind  of 
service  all  over  the  Union,  and  the  rate  of  compensation  is  becoming  ex 
travagantly  high,  that  as  a  measure  of  economy  alone  the  establishment 
of  the  proposed  professorship  would  be  well  worthy  of  consideration. 

The  department  of  military  engineering  will,  of  course,  be  made  to  in 
clude  instruction  in  the  use  of  artillery,  and  to  this  may  be  usefully 
added  the  practical  instruction  of  the  young  men,  at  certain  hours,  in  the 
elements  of  infantry  tactics.  My  observation  and  reflection  during  the 
present  year  have  confirmed  the  opinion  I  expressed  in  my  last  annual 
message  as  to  the  expediency  of  combining  in  our  general  system  of  school 
instruction  the  use  of  arms  and  the  elements  of  military  tactics  with  the 
common  branches  of  education.  There  is  no  other  mode,  in  my  opinion, 
by  which  such  important  results  can  be  produced  with  so  small  an  ex 
penditure  of  time  and  money.  Indeed,  I  have  great  doubts  whether  it  be 
not  the  only  practicable  mode  in  which  the  elementary  principles  of  mill- 


552  MESSAGE  OF  THE  GOVERNOR. 

tary  movements  can  be  scientifically  imparted  to  the  great  body  of  our 
citizens.  It  will  supply  the  great  desideratum  now  experienced  in  effec 
tually  training  the  militia — competent  officers  to  command  and  instruct 
the  militia  companies — and  I  feel  a  perfect  assurance  that  if  generally 
pursued  in  our  schools,  the  very  next  generation  that  comes  upon  the 
stage  of  active  life  will  be  an  army  of  citizen  soldiers,  better  qualified  to 
defend  their  rights  than  any  standing  army  in  the  world  after  a  peace  of 
ten  years'  duration.  I  suggest,  therefore,  that  the  young  men  of  the  col 
lege  be  organized  into  one  or  two  corps  of  cadets,  by  law  or  by  the  regu 
lations  of  the  institutions,  and,  though  permitted  to  elect  their  own  offi 
cers,  that  they  be  required  to  devote  certain  hours  to  the  exercise  of 
drilling,  under  the  superintendence  of  the  military  professor,  who  should 
be  required  to  act  as  their  instructor.  The  establishment  of  such  a  sys 
tem  in  the  college  would,  upon  very  obvious  principles,  cause  it  to  be  ex 
tended  to  the  grammar  schools,  as  every  young  man  in  preparing  for  col 
lege  would  naturally  desire  to  qualify  himself  not  only  for  performing  his 
military  exercises,  but  for  aspiring  to  the  honor  of  a  military  command. 
In  one  of  the  most  distinguished  grammar  schools  of  the  State  a  company 
of  cadets  was  formed  almost  under  my  own  eye,  and  while  their  improve 
ment  in  tactics  was  striking  to  every  observer,  the  intelligent  gentleman 
at  the  head  of  the  institution  assured  me  that  he  derived  great  advantage 
in  its  government  from  the  manliness  and  sense  of  honor  imparted  to  the 
young  men  by  the  change  in  their  mode  of  recreation. 

I  also  recommend  the  establishment  of  a  professorship  of  modern  lan 
guages,  the  want  of  which  has  been  seriously  felt  ever  since  the  estab 
lishment  of  the  college.  I  believe  there  are  very  few  graduates  of  the 
institution  who  have  not  had  occasion  to  deplore  the  defect  in  their  edu 
cation  which  has  resulted  from  the  absence  of  such  a  professorship.  In 
the  present  state  of  science  and  of  social  and  commercial  intercourse,  a 
knowledge  of  the  modern  languages  is  scarcely  less  important  than  that 
of  the  ancient.  A  great  many  of  the  most  scientific  and  literary  works 
now  extant  are  written  in  foreign  languages,  and  having  no  English 
translations,  are  sealed  books  to  those  who  are  ignorant  of  the  languages 
in  which  they  are  written.  It  is  an  object  of  the  first  importance  to  have 
a  class  of  well  educated  native  merchants,  capable  of  conducting  our 
immense  and  increasing  foreign  commerce,  who  will  save  to  the  State  the 
large  percentage  which  the  Northern  merchants  receive  as  a  commission 
for  exchanging  our  productions  for  those  of  other  countries.  Circum 
stances  are  now  highly  favorable  to  the  accomplishment  of  this  patriotic 
purpose.  Let  us,  then,  provide  for  our  young  men  the  means  of  becom 
ing  accomplished  merchants ;  and  not  the  least  important  accomplish 
ment  is  a  knowledge  of  the  continental  languages,  and  particularly  the 
French. 

These  two  additional  professorships  will  complete  the  literary  organi 
zation  of  our  college,  and  enable  our  youth  to  obtain  so  complete  an 


APPENDIX.  553 

education  at  home  that  they  will  no  longer  have  a  motive  for  going  to 
the  Northern  colleges.  I  need  not  add  that  this  is  an  object  of  the  utmost 
importance,  in  the  present  state  of  public  opinion  in  the  United  States, 
relative  to  our  domestic  institutions. 

The  state  of  the  college  discipline  is  now  excellent,  and  the  conduct  of 
the  students  for  the  present  year  has,  with  a  few  exceptions,  been  highly 
exemplary.  Most  of  the  irregularities  that  have  occurred  have  been 
traced  to  the  shops  where  wines  and  ardent  spirits  are  retailed  in  the 
town  of  Columbia,  and  it  has  been  found  impossible  to  break  up  entirely 
the  communication  between  them  and  the  young  men  of  the  college. 
These  wretched  haunts  of  dissipation  and  intemperance  do  more  to  mar 
the  prosperity  of  the  institution  than  all  the  other  causes  united.  They 
thus  become  nuisances  to  the  whole  State,  and  ought,  in  my  opinion,  to 
be  abated  by  its  authority.  The  evil  is  not  at  all  diminished  by  the  sys 
tem  of  licensing.  The  revenue  derived  from  it  is  but  a  poor  compensa 
tion  for  the  privilege  of  diffusing  the  elements  of  moral  pestilence 
amongst  those  who  are  to  be  the  future  rulers  and  legislators  of  the 
State. 

The  flourishing  condition  of  the  college  must  be  eminently  gratifying  to 
every  patriotic  citizen  in  the  State  of  every  denomination,  religious  or  po 
litical.  And  however  obvious  the  truth,  we  cannot  too  habitually  impress 
it  upon  our  minds  that  the  usefulness  of  this  institution,  so  intimately 
connected  with  the  character  of  the  State  and  the  welfare  of  the  genera 
tions  that  are  to  follow  us,  will  greatly  depend  upon  the  degree  in  which 
the  spirit  of  party,  religious  and  political,  shall  be  excluded  from  its  gov 
ernment.  Let  this  at  least  be  a  temple  dedicated  exclusively  to  science 
and  literature,  where  all  the  citizens  of  the  State  can  mingle  their  devo 
tions  in  harmony  and  peace. 

The  number  of  students  has  so  greatly  increased  since  the  new  organi 
zation  that  they  cannot  even  now  be  tolerably  accommodated  in  the  rooms 
provided  for  them,  and  when  we  look  forward  to  the  probable  increase  at 
the  commencement  of  the  ensuing  year,  it  is  evident  that  the  existing 
means  of  accommodation  will  be  wholly  insufficient.  The  erection  of  an 
additional  edifice  for  this  purpose,  therefore,  has  become  a  measure  not 
only  of  expediency,  but  of  absolute  necessity,  and  I  recommend  that  the 
necessary  appropriation  be  made  as  soon  as  the  proper  estimates  shall  be 
obtained. 

The  college  library  also  requires  a  very  considerable  enlargement  to 
make  it  correspond  with  the  character  of  the  institution,  and  I  suggest  the 
propriety  of  making  an  appropriation  of  a  few  thousand  dollars  for  this 
purpose.  As  I  propose  to  visit  Europe  during  the  ensuing  year,  it  will  give 
me  great  pleasure  to  execute  any  commission  with  which  I  may  be  charged 
in  accomplishing  this  object.  I  cannot  conclude  this  interesting  topic 
without  earnestly  commending  the  college  to  your  enlightened  patronage 
and  fostering  care  as  the  guardians  of  the  rising  generation. 


554  MESSAGE  OF  THE  GOVERNOR. 

I  herewith  communicate  a  copy  of  an  act  «>f  the  Congress  of  the  United 
States  providing  that  the  surplus  revenue  which  shall  be  in  the  Federal 
treasury  on  the  first  day  of  January  next  shall  be  distributed  among  the 
States  of  the  confederacy,  in  certain  specified  proportions,  to  be  depos 
ited  in  their  respective  treasuries,  without  bearing  interest,  until  the  fis 
cal  wants  of  the  Federal  government  shall  render  it  necessary  that  the 
States  should  refund  it.  I  also  communicate  a  letter  from  the  Secretary 
of  the  Treasury  of  the  United  States  desiring  to  be  informed  at  the  ear 
liest  practicable  period  what  disposition  he  shall  make  of  that  portion  of 
this  fund  which  shall  fall  to  the  share  of  South  Carolina.  As  it  appropri 
ately  devolves  upon  you  to  determine  what  that  disposition  shall  be,  I 
have  delayed  answering  this  inquiry  until  you  shall  have  given  me  the 
necessary  authority. 

It  may  be  important,  therefore,  that  you  should  act  upon  the  subject 
with  as  little  delay  as  possible,  and  it  does  not  appear  to  be  one  which 
requires  much  deliberation.  None  certainly  can  be  required  to  decide 
upon  the  expediency  of  receiving  the  money.  We  find  a  large  surplus 
of  revenue  accumulated  in  the  Federal  treasury,  which  has  been  uncon 
stitutionally  levied  upon  the  productions  of  our  own  industry  by  a  sys 
tem  of  oppressive  taxation  enacted  in  opposition  to  our  solemn  protesta 
tions  ;  and  attempted  to  be  enforced  by  the  military  power  of  the  United 
States.  The  money  is  there  without  any  agency  of  ours,  and  the  act  of 
distribution  involves  the  question  whether  it  shall  remain  deposited  in 
certain  banks,  to  constitute  a  part  of  their  banking  capital,  or  to  be 
transferred  to  the  treasuries  of  the  respective  States,  for  the  use  of  the 
people  to  whom  it  appropriately  belongs,  and  from  whom  it  never 
should  have  been  taken  ?  It  is  impossible  to  doubt  on  such  a  question  ; 
but  while  the  justice  and  necessity  of  this  measure  of  distribution  are 
equally  obvious,  under  the  existing  circumstances,  let  it  not  be  disguised 
that  no  proceeding  can  be  more  absolutely  fatal  to  the  interests  of  the 
exporting  States  than  that  of  habitually  raising  revenue  by  duties  on 
imports  for  the  purposes  of  distributing  it  among  the  States.  It  is  to  be 
hoped,  therefore,  that  this  hazardous  but  necessary  measure  will  not 
continue  a  single  day  beyond  the  necessity  which  gave  rise  to  it,  but  that 
the  Federal  treasury  will  be  reduced  within  constitutional  dimensions, 
by  the  regular  process  of  reducing  the  duties,  as  soon  as  this  can  be  done 
consistently  with  the  plighted  faith  of  Congress,  implied  in  the  act  of 
1833. 

As  to  the  disposition  which  it  may  be  expedient  for  the  State  to  make 
of  this  fund,  it  appears  to  me,  that  regarding  it  as  a  deposit,  the  obvious 
course  will  be  to  place  it  in  the  Bank  of  the  State,  which  is  practically 
the  treasury  of  the  State.  It  will  there  be  used  like  all  other  deposits, 
as  a  portion  of  the  capital  of  the  bank  for  the  time  being,  and  will  justify 
an  extension  of  its  operations  in  proportion  to  the  amount  and  probable 
continuance  of  the  deposit.  If  you  should  concur  in  this  view  of  the 


APPENDIX.  555 

subject,  it  will  be  proper  that  you  should  confer  a  special  authority  on 
the  president  or  cashier  of  the  Bank  of  the  State  of  South  Carolina,  to 
receive  the  sums  that  shall  be  payable  under  the  aforesaid  act  of  Con 
gress,  and  to  sign  the  obligations  and  acknowledgments  therein  pre 
scribed,  pledging  the  faith  of  the  State  to  refund  the  money  on  the  requi 
sition  of  the  Secretary  of  the  Federal  treasury.  It  will  then  be  only 
necessary  to  request  this  latter  officer  to  place  the  sums  to  which  the 
State  may  be  entitled,  as  they  successively  fall  due,  in  the  bank,  and  to 
the  credit  of  the  State  of  South  Carolina. 

I  lay  before  you,  in  compliance  with  the  request  of  the  president  of  the 
convention  which  assembled  at  Knoxville,  on  the  fourth  of  July  last,  to 
consider  the  subject  of  a  railroad  between  Louisville  and  Cincinnati  and 
the  city  of  Charleston,  a  copy  of  the  proceedings  of  that  body. 

In  one  of  the  resolutions  which  you  w7ill  find  among  these  proceedings, 
an  appeal  is  made  to  the  legislatures  of  the  States  through  which  the  pro 
posed  railroad  is  intended  to  pass,  for  liberal  appropriations  from  their 
public  treasuries  in  support  of  this  great  work. 

An  enterprise  so  gigantic  in  its  nature  and  extent,  and  so  magnificent  in 
its  promised  results  to  the  prosperity  of  South  Carolina,  pre-eminently 
deserves,  and  will  doubtless  receive  your  favorable  consideration.  If  suc 
cessfully  conducted  to  its  final  accomplishment,  it  will  be  a  monument 
worthy  of  the  age,  and  of  which  the  greatest  empire  might  justly  be 
proud. 

It  will  produce  the  greatest  revolution  in  commerce  ever  effected  by  an 
artificial  channel  of  communication,  and  not  less  important  than  that 
which  was  produced  by  the  discovery  of  the  passage  round  the  Cape  of 
Good  Hope.  With  other  causes,  now  fortunately  co-operating,  it  will  en 
able  Charleston  to  reclaim  her  lost  advantages,  and  to  become  the  empo 
rium  of  the  vast  and  increasing  foreign  commerce  which  is  founded  upon 
the  agricultural  productions  of  the  South  Atlantic  and  Western  States. 
Nor  will  the  advantages  of  this  change  be  confined  to  Charleston.  Every 
part  of  the  State  wall  enjoy  its  due  portion  of  them.  A  flourishing  com 
mercial  emporium,  like  the  heart  in  the  animal  economy,  diffuses  life, 
energy,  and  health  through  the  whole  system.  It  is  the  city  of  New  York 
communicating  writh  the  world  by  the  ocean,  and  with  the  interior  by  her 
numerous  channels,  natural  and  artificial,  that  imparts  wealth  and  pros 
perity  to  the  remotest  extremities  of  that  great  State.  Make  Charleston 
the  New  York  of  the  South,  and  corresponding  advantages  will  result,  not 
only  to  the  interior  of  this  State,  but  to  the  entire  region  connected  with 
that  city  by  the  ties  of  commercial  intercourse. 

Within  a  certain  sphere,  according  to  a  well-known  principle  of  politi 
cal  economy,  the  benefits  of  commerce  cannot  be  localized.  -  Its  benefi- 
cient  effects  are  essentially  diffusive. 

If  these  views  are  just,  and  were  properly  impressed  upon  the  minds  of 
our  fellow-citizens,  they  would  tend  greatly  to  do  away  that  local  spirit, 


556  MESSAGE  OF  THE  GOVERNOR. 

which,  by  seeking  to  accomplish  mere  local  purpose's,  might  embarrass 
the  progress,  and  mar  the  symmetry  of  the  noble  structure  we  are  about 
erecting. 

I  have  too  firm  a  reliance  upon  the  patriotic  spirit  of  our  citizens  to  be 
lieve  these  narrow  and  mistaken  views  will  be  permitted  to  sway  the 
councils  by  which  it  is  to  be  planned  and  erected.  .  It  is  too  mighty  an 
undertaking,  will  involve  too  great  an  expenditure,  and  is  destined  to  en 
counter  too  close  a  competition,  to  allow  any  sacrifice  to  be  made  to  such 
views,  without  exposing  the  whole  enterprise  to  imminent  hazard.  That 
route  which  is  decidedly  the  best,  within  the  limits  of  the  charter,  if  there 
be  such  a  route,  should  undoubtedly  be  adopted.  As  a  citizen  of  the  State, 
without  reference  to  my  local  position,  I  sincerely  hope  that  the  central 
route  may  be  found  to  have  that  unequivocal  claim  to  preference.  I  even 
think  it  should  be  adopted,  unless  some  other  route  shall  appear  to  have 
a  decided  superiority  over  it.  But  I  am  sure  that  no  public-spirited  citi 
zen,  anxious  for  the  success  of  the  work  ;  no  stockholder,  reasonably  re 
gardful  of  his  own  interest,  will  be  disposed  to  go  farther.  To  insure  suc 
cess  in  scaling  these  mountain  barriers  which  have  so  long  made  stran 
gers  of  kindred  communities — an  achievement  surpassing  in  sublimity  all 
that  Xerxes  and  Hannibal  and  Bonaparte  ever  accomplished — united 
councils  are  indispensably  necessary.  The  only  mode  of  effecting  this  de 
sirable  result  will  be  to  have  all  the  proposed  routes  and  mountain  passes 
actually  surveyed  by  scientific  engineers,  before  any  comparison  is  at 
tempted.  When  this  is  done,  it  is  extremely  probable  that  the  preferable 
route  will  be  so  clearly  indicated  as  to  supersede  all  doubt  on  the  sub 
ject. 

How  far  it  may  be  expedient  for  the  State  to  aid  in  the  prosecution  and 
completion  of  this  work,  by  subscribing  to  the  stock  of  the  company  which 
has  been  incorporated,  I  think  the  time  has  not  yet  come  for  deciding. 
The  charter  has  already  been  saved  by  our  public-spirited  fellow-citizen, 
Colonel  Wade  Hampton,  who  being  one  of  the  central  commissioners  at 
Knoxville,  subscribed  the  whole  sum  which  appeared  from  the  returns 
then  received,  to  be  wanting  to  make  up  the  four  millions.  Until  the 
route  shall  be  definitively  selected,  and  active  operations  commenced, 
the  emergency  does  not  seem  to  call  upon  the  States  interested  to  em 
bark  in  the  work  as  stockholders.  Moreover,  there  are  some  considera 
tions  growing  out  of  the  mode  of  constituting  the  board  of  directors,  pre 
scribed  by  the  charter,  as  amended  by  Kentucky,  and  the  relative  sums 
subscribed  in  the  different  States,  which  render  it  a  measure  of  obvious 
prudence  on  the  part  of  South  Carolina  either  to  procure  a  modification 
of  the  charter  before  she  subscribes,  or  to  make  accurately  a  conditional 
subscription. 

The  act  of  incorporation  passed  by  this  State,  provided  that  three  of 
the  twenty-four  directors  should  be  chosen  from  qualified  stockholders 
residing  in  each  of  the  States  of  North  Carolina,  South  Carolina,  Tennes- 


APPENDIX.  557 

see,  Kentucky  and  Ohio,  and  that  nine  should  be  chosen  indifferently  from 
all  the  stockholders.  The  amendment  interpolated  by  Kentucky  pro 
vides  that  six  of  the  directors  shall  be  chosen  from  stockholders  residing 
in  that  State,  while  only  three  shall  be  chosen  from  each  of  the  other 
States,  leaving  but  six  to  be  chosen  indifferently  from  all  the  stockhold 
ers.  This  very  exceptionable  claim  of  undue  power,  on  the  part  of  Ken 
tucky,  becomes  absolutely  revolting  when  we  advert  to  the  fact  that  the 
entire  subscription  in  that  State  amounts  to  less  than  $200,000,  and  that 
no  one  person  there  has  subscribed  a  sufficient  number  of  shares  to  qual 
ify  him  to  be  chosen  a  director  !  In  this  state  of  things,  a  board  of  direc 
tors  cannot  be  organized ;  and  if  it  could,  Kentucky  with  less  than  a 
twentieth  part  of  the  stock,  would  wield  one-fourth  part  of  the  power  of 
the  company.  On  the  contrary,  South  Carolina  owning  five-sixths  of  the 
stock,  could  in  no  event  have  more  than  nine  directors.  I  can  perceive 
no  equitable  principle  upon  which  the  stockholders  of  five-sixths  of  the 
stock  in  South  Carolina  shall  have  only  nine  directors,  while  the  holders 
of  one-sixth  of  the  stock  out  of  South  Carolina  shall  have  fifteen.  This  is 
certainly  an  unprecedented  anomaly  in  the  organization  of  corporate 
powers,  and  I  think  the  people  of  South  Carolina  have  been  sufficiently 
admonished,  by  bitter  experience,  of  the  fatal  consequences  of  having 
their  interests  controlled  by  a  foreign  and  irresponsible  power,  to  make 
them  very  cautious  in  placing  the  power  on  one  side,  while  the  interest  to 
be  effected  by  it  is  on  the  other. 

If  we  look  to  the  questions  that  will  probably  arise,  at  the  very  com 
mencement  of  the  proposed  work,  the  danger  of  this  separation  of  power 
and  responsibility  will  be  obvious.  Upon  every  principle,  the  roads  hould 
commence  at  Charleston,  and  proceed  continuously  on  towards  its  west 
ern  termination,  at  least  until  the  money  contributed  in  South  Carolina 
shall  be  expended.  And  yet  it  will  be  in  the  power  of  directors  out  of  the 
State  to  reverse  the  operation,  and  expend  the  whole  sum  subscribed  by 
the  citizens  of  this  State,  in  Kentucky,  where  so  small  a  sum  has  been 
subscribed. 

This  pretension  to  unequal  power  on  the  part  of  Kentucky  becomes 
still  more  intolerable  when  we  advert  to  the  causes  that  gave  rise  to  it. 
By  the  charter  as  passed  by  this  State,  and  all  the  others  except  Ken 
tucky  the  road  was  to  run  from  Charleston  to  Cincinnati.  The  clause  in 
terpolated  by  Kentucky,  requires  that  the  company,  at  the  same  time 
that  they  carry  the  road  from  the  Cumberland  mountain  to  Cincinnati, 
shall  carry  a  branch  to  Louisville.  It  also  requires  that  a  branch  shall  be 
carried  from  Lexington  to  Maysville.  The  company  are  thus  required  to 
construct  two  branches,  making  together  some  150  miles  of  railroad,  ob 
viously  against  their  own  interest,  and  merely  to  accommodate  two  towns 
in  Kentucky ;  and  to  secure  the  performance  of  these  most  unrea,SQH8.ble 
conditions,  they  are  moreover  required  to  give  Kentucky  three  directors 
gratuitously. 


558  MESSAGE  OF  THE  GOVERNOR. 

There  is  no  practical  view  of  the  subject  that  can  make  it  the  interest 
of  the  company,  or  the  great  public  concerned,  in  the  contemplated  work, 
to  cover  Kentucky  with  railroads  for  the  privilege  of  passing  through  the 
State. 

If  the  road  goes  to  the  Ohio  river,  some  one  point  on  that  river  should 
be  selected.  This  will  command  nearly  all  the  trade,  that  would  be  com 
manded  by  the  three  that  are  proposed.  If  either  Cincinnati  or  Louis 
ville  should  be  selected,  it  will  insure  as  much  commerce  as  the  road  will 
probably  be  able  to  convey.  And  as  Ohio  has  contributed  almost  nothing 
to  the  stock  of  the  company,  it  would  be  much  the  wiser  course  to  carry 
the  road  directly  to  Louisville,  leaving  Cincinnati  out  of  the  scheme  al 
together,  if  a  Louisville  branch  is  the  only  consideration  upon  which  we 
can  obtain  the  privilege  of  passing  through  Kentucky. 

There  is  another  alternative,  preferable,  in  my  opinion,  even  to  this. 
It  is  to  make  the  mouth  of  the  N olachucky  the  western  termination  of  the 
road,  which,  according  to  the  estimates,  would  reduce  the  cost  of  it  from 
twelve  to  five  millions  of  dollars ;  while  it  would  still  yield  to  North  Ca 
rolina,  Tennessee  and  South  Carolina,  a  very  large  portion  of  the  advan 
tages  that  would  result  from  the  completion  of  the  original  scheme.  The 
work  to  this  extent  could  be  almost  completed  with  the  stock  already 
subscribed,  and  would  be  clearly  within  the  means  of  these  three  States. 
A  flourishing  town  would  spring  up  at  the  western  termination  of  the 
road,  wherever  that  might  be,  whether  at  Nolachucky,  Ashville,  or  even 
at  the  northwestern  border  of  our  own  State,  which  would  attract  to  the 
road  a  great  portion  of  the  western  trade,  probably  as  much  as  it  could 
carry. 

I  have  suggested  these  views,  because  I  believe  that  South  Carolina 
will  be  restrained,  not  less  by  a  sense  of  self-respect,  than  by  a  just  re 
gard  for  her  own  interest,  from  subscribing  anything  to  the  stock  of  the 
"  Louisville,  Cincinnati  and  Charleston  Railroad  Company,"  so  long  as  its 
charter  shall  contain  the  highly  objectionable  provisions  to  which  I  have 
alluded. 

As  it  now  seems  evident  that  the  principal  part  of  the  funds  by  which 
the  road  is  to  be  constructed  will  have  to  be  contributed  by  South  Caro 
lina,  we  must  take  care  that  the  control  of  these  funds  shall  not  pass  into 
other  hands,  and  that  the  scale  of  operations  be  not  disproportioned  to 
the  means  of  effecting  them.  And  it  is  gratifying  to  perceive  that  so 
much  can  be  done  by  North  Carolina,  Tennessee  and  South  Carolina 
alone,  even  if  it  should  be  found  necessary  to  act  without  the  concur 
rence  or  co-operation  of  Ohio  and  Kentucky. 

A  scheme  has  been  suggested,  as  you  are  doubtless  aware,  of  conferring 
upon  this  railroad  company  the  privilege  of  banking.  I  have  given  to 
this  project  the  most  deliberate  and  anxious  consideration,  and  have  been 
brought  to  a  very  decided  conviction  that  it  would  be  a  measure  preg 
nant  with  danger  to  our  general  system  of  credit  and  currency,  and  in  all 


APPENDIX.  559 

respects  inexpedient.  Our  banking  system  has  already  been  carried  to 
the  extremest  limit  which  prudence  and  sound  policy  will  justify,  and  we 
have  but  too  many  indications  that  our  local  currency,  in  common  with 
the  general  currency  of  the  United  States,  is  upon  the  eve  of  that  fatal 
career  of  depreciation  of  which  we  had  such  a  melancholy  experience 
during,  and  for  some  time  after,  the  late  war  with  Great  Britain.  Nor 
are  the  reasons  for  indulging  these  gloomy  apprehensions  at  all  weakened 
by  the  common  allegation  that  more  good  paper  is  offered  to  the  existing 
banks  than  they  are  able  to  discount.  In  1816,  when  the  country  was  al 
most  literally  flooded  with  a  redundant  currency,  this  allegation  was  ha 
bitually  made,  and  with  as  much  truth  as  it  is  now. 

Of  the  spirit  of  banking  and  borrowing,  it  may  be  said  with  more  phil 
osophy  than  poetry,  that  it  is  a  monster  which  derives  "  increase  of  appe 
tite  from  what  it  feeds  on."  The  very  act  of  throwing  out  excessive  issues 
of  bank  paper  by  depreciating  the  value  of  current  money,  creates,  to  the 
full  extent  of  that  depreciation,  an  increased  desire  and  necessity  for 
borrowing,  because  an  increased  quantity  of  money  becomes  necessary  to 
effect  the  exchanges  of  society.  The  constant  and  progressive  apprecia 
tion  of  all  kinds  of  property — which  is  but  another  form  of  expressing  a 
depreciated  currency — gives  moreover  a  universal  stimulus  to  the  spirit  of 
overtrading.  During  this  downward  progression,  every  man  finds  it  to 
be  his  interest  to  borrow  money  and  purchase  property  ;  because  money 
will  be  less  valuable  and  more  easily  obtained  when  the  day  of  payment 
comes,  than  it  was  when  he  obtained  the  loan  ;  the  price  of  property,  in 
the  mean  time,  rising  in  proportion. 

The  trading  community,  and  indeed  almost  all  classes  of  society,  be 
come  intoxicated  with  the  spirit  of  gambling  speculation  in  stocks,  in 
land,  and  in  everything  else,  and  continue  to  move  on  under  this  high 
pressure  system  until,  awakened  from  their  delirium  by  an  explosion, 
wrhen  he  may  be  deemed  singularly  fortunate  who  escapes  unhurt  from 
the  general  wreck.  No  state  of  things  can  be  more  unfavorable  to  the 
regular  pursuits  of  honest  industry,  more  corrupting  to  the  public  morals, 
or  finally,  more  destructive  to  the  prosperity  of  an  agricultural  commu 
nity.  In  the  final  catastrophe  in  which  it  must  inevitably  terminate,  pro 
perty  becomes  depreciated,  money  becomes  more  difficult  to  obtain,  and 
in  this  state  of  things,  all  those  who  are  indebted  to  the  banks,  have  to 
sacrifice  their  property  to  discharge  their  obligations.  And  in  the  scene 
of  general  ruin  which  followrs,  the  banks  alone  flourish  amidst  the  dis 
tress  and  bankruptcy  of  the  great  body  of  the  people.  It  is  devoutly  to 
be  hoped  that  the  spirit  of  stock-jobbing  will  not  spread  from  New  York 
and  Albany  to  Charleston  and  Columbia,  and  above  all,  that  the  system 
of  mutual  bribery  which  has  produced  such  fearful  and  demoralizing  re 
sults  in  other  quarters,  will  never  pollute  the  sanctuary  of  our  legislation. 

A  very  strong,  if  not  a  conclusive  reason  against  giving  banking  privi 
leges  to  this  railroad  company,  will  be  found  in  the  fact  that  the  capital 


560  MESSAGE  OF  THE  GOVERNOR. 

of  the  Bank  of  the  State  of  South  Carolina  will  be  increased  during  the 
ensuing  year  to  the  extent  of  something  like  a  million  and  a  half  of  dol 
lars  by  the  sums  which  will  be  deposited  in  that  bank  from  the  Treasury 
of  the  United  States.  This  will  enable  it  to  increase  its  discount  opera 
tions  at  least  to  the  same  extent,  and  will  certainly  supply  all  the  additional 
wants  of  the  community  for  bank  accommodations,  beyond  what  can  be 
supplied  by  the  existing  bank  capital.  And  as  the  profits  of  the  Bank  of 
the  State  redound  to  the  benefit  of  the  people  at  large,  it  would  be  very 
unwise  to  diminish  these  profits  at  the  present  conjuncture  by  the  grant 
of  banking  privileges  to  a  company  of  individual  stockholders ;  even  if 
this  could  be  safely  done  upon  sound  banking  principles. 

It  is  not  easy  to  perceive  upon  what  plan  this  railroad  company  can  be 
transformed  into  a  banking  corporation,  consistently  with  its  original 
purpose.  It  is  certain  that  the  same  capital  cannot  perform  two  incom 
patible  functions.  It  cannot  be  paid  out  and  expended  in  constructing 
the  railroad,  and  at  the  same  time  remain  in  the  bank  to  redeem  its  pa 
per.  Such  an  attempt  as  this  would  inevitably  end  in  a  mere  paper  bank, 
as  it  would  be  utterly  impossible  that  it  could  redeem  its  bills  on  de 
mand.  If  to  obviate  this  objection  it  should  be  proposed  to  have  a  sepa 
rate  and  distinct  capital  to  sustain  the  operations  of  the  bank,  the  plan 
would  still  be  liable  to  very  strong  objections.  It  would  be  substantially 
forming  the  same  body  of  persons  into  two  distinct  corporations,  essen 
tially  different  in  their  character  and  objects,  and  requiring  entirely  dif 
ferent  qualifications  for  the  conduct  of  their  affairs. 

It  is  not  reasonable  to  suppose  that  this  confusion  of  purposes  and  com 
plication  of  duties  would  facilitate  or  expedite  the  completion  of  the  un 
dertaking  for  which  the  company  was  organized.  On  the  contrary,  there 
is  too  much  ground  to  apprehend  that  this  noble  enterprise  would  be  de 
graded  into  a  mere  concern  of  speculation  and  stock-jobbing.  When  it  is 
recollected  that  the  charter  of  this  company  positively  prohibits  it  from 
all  banking  operations,  it  is  to  be  presumed  that  some  very  cogent  rea 
sons  will  be  required  to  induce  you  to  repeal  that  prohibition.  The  only 
reason  entitled  to  consideration  which  has  been  suggested,  is  the  effect 
of  this  banking  privilege  in  securing  the  requisite  subscription  of  stock. 
But  it  is  now  apparent  that  as  far  as  we  can  see  our  way  clear  for  making 
the  road,  the  means  are  already  secured,  if  we  add  to  the  stock  already 
subscribed  the  subscription  which  the  Legislature  will  doubtless  author 
ise  to  be  made  in  the  name  of  the  State  at  the  proper  time. 

I  will  remark,  finally,  on  this  subject,  that  the  constitution  of  the  direc 
tory,  as  the  charter  now  stands,  would  be  a  conclusive  objection  on  the 
part  of  the  South  Carolina  stockholders  to  the  granting  of  banking  priv 
ileges  to  the  corporation  under  its  present  organization. 

Your  predecessors  have  been  at  all  times  so  justly  sensible  of  the 
importance  of  having  uniform  an4  equal  laws,  administered  by  enlight 
ened  and  impartial  judges,  that  the  organization  of  the  judiciary  system 


APPENDIX.  561 

has  occupied  a  due  share  of  their  attention.  It  seems,  however,  that 
something  yet  remains  to  be  done  to  complete  that  organization.  The 
constitution  of  the  Court  of  Appeals,  by  the  act  of  1835,  has  rendered 
what  was  before  merely  expedient  almost  a  matter  of  necessity — an  act 
providing  that  the  sessions  of  that  court  shall  be  held  exclusively  at 
Columbia  for  the  trial  of  appeals  from  all  parts  of  the  State. 

I  am  also  of  the  opinion  that  the  great  improvement  which  has  been 
made  in  the  intelligence  of  the  people  since  the  abolition  of  the  county 
courts  renders  it  highly  expedient  to  re-establish  that  system  now,  though 
it  may  then  have  been  wise  to  abolish  it.  In  England,  and  in  all  the 
older  States  of  this  Union,  it  is  as  justly  popular  as  it  is  extensively  useful, 
having  the  high  merit  of  administering  justice  without  delay,  "  without 
money  and  without  price."  There  is  no  district  in  the  State  in  which  an 
enlightened  body  of  magistrates  could  not  be  obtained  amply  qualified  to 
superintend  the  general  police  of  the  district,  and  exercise  a  civil  and 
criminal  jurisdiction  limited  to  certain  amounts,  and  to  a  certain  class  of 
offenses. 

By  transferring  the  powers  now  exercised  by  the  ordinaries  to  those 
courts  the  fees  of  office  would  yield  so  liberal  a  compensation  that  per 
sons  of  the  very  best  qualifications  could  be  obtained  to  act  as  clerks. 
Though  the  justices  would  receive  no  compensation  but  the  conscien 
tiousness  of  "  rendering  the  State  some  service,"  patriotic  citizens  of  the 
highest  standing  would,  I  doubt  not,  very  cheerfully  perform  their  several 
tours  of  duty  in  these  posts  of  honor  and  usefulness  And  in  the  course 
of  a  few  years  the  circuit  courts  would  be  relieved  of  so  large  a  portion 
of  the  business  they  now  have  to  perform  that  the  number  of  the  judges 
might  be  gradually  diminished  to  a  considerable  extent,  thus  promoting 
a  just  and  wise  economy,  without  impairing  in  the  slightest  degree  the 
efficiency  of  the  general  system,  or  the  character  of  the  court  of  final 
jurisdiction. 

The  recent  organization  of  the  militia  is  in  the  progress  of  realizing  all 
the  benefits  which  were  anticipated  from  it.  As  schools  of  instruction 
for  the  officers,  the  brigade  encampments  have  been  found  to  be  of  ines 
timable  value.  I  am  thoroughly  satisfied,  from  my  observation  and 
experience,  that  without  these  the  whole  system  of  militia  musters  and 
drills  would  be  worse  than  unprofitable.  They  would  be  mere  bungling 
pageants,  calculated  to  bring  all  militia  exercises  into  contempt  and  ridi 
cule,  and  all  militia  officers  into  disrepute.  When  the  colonels  of  regi 
ments  and  captains  of  companies  are  thoroughly  competent  to  drill  their 
respective  commands,  there  is  but  little  difficulty  in  preparing  the  body 
of  the  militia  to  defend  their  rights.  With  such  officers,  I  believe  the 
most  inexperienced  troops — I  mean  militia,  not  enlisted  troops — could  be 
well  prepared  to  take  the  field  in  six  weeks.  Everything  depends  upon 
the  officers,  and  most  upon  the  captains  of  companies,  on  whom  it  devolves 
36 


563  MESSAGE  OF  THE  GOVERNOR. 

to  teach  the  elementary  principles  and  movements  by  which  all  the  com 
binations  of  military  tactics  are  effected  on  the  field  of  battle. 

But  it  is  absolutely  essential  to  the  utility  of  a  drill  that  it  be  conducted 
or  superintended  by  a  competent  officer.  According  to  the  true  theory 
and  original  design  of  the  office  of  adjutant  and  inspector-general,  that 
officer  should  be  the  chief  drill  officer  of  the  State.  He  should  be  required 
to  attend  the  muster  of  every  regiment  in  the  State  once  a  year,  and  con 
duct  the  drill  himself  as  the  instructor.  He  should  also  be  required  to 
attend  every  brigade  encampment,  and  to  drill  the  officers  in  the  same 
character,  and  be  vested  with  the  necessary  authority  without  reference 
to  his  nominal  rank.  As  a  compensation  for  these  laborious,  expensive, 
and  most  useful  services,  his  salary  should  be  raised  to  at  least  twenty- 
five  hundred  dollars.  This  would  enable  you  to  command  the  services 
of  a  young  man  of  military  pride,  thoroughly  master  of  his  duties,  and 
who  would  devote  his  whole  time  to  their  performance.  Such  a  man 
would  be  worth  more  to  the  State  than  any  officer  in  it,  civil  or  military  ; 
whereas,  an  incompetent  officer,  without  the  proper  energy  and  military 
spirit,  would  be  a  positive  nuisance. 

The  improvement  of  our  militia  has  been  as  much  retarded  heretofore 
by  the  want  of  a  suitable  and  uniform  system  of  tactics  and  regulations 
as  by  its  want  of  organization.  The  officers  of  many  of  the  regiments 
cannot  procure  books  of  any  kind,  and  all  the  copies  of  infantry  tactics 
provided  by  the  authority  of  your  predecessors,  are  exhausted.  The 
United  States  have  recently  adopted  a  new  system  of  infantry  tactics, 
embracing  all  the  recent  improvements  of  the  French,  prepared  by  Major- 
General  Scott,  to  whom  the  country  is  greatly  indebted  for  the  means  of 
acquiring  a  scientific  knowledge  of  the  military  art.  This  new  system  is 
a  very  decided  improvement  upon  anything  previously  published,  and 
Major-General  McComb  has  prepared  from  it  a  very  judicious  abstract, 
to  which  he  has  added  artillery  and  cavalry  tactics  and  the  army  regula 
tions,  embracing  the  whole  in  the  compass  of  a  small  and  cheap  volume. 
As  we  are  under  a  constitutional  obligation  to  conform  to  the  system  of 
the  United  States,  and  as  the  system  they  have  now  adopted  is  likely  to 
be  permanent,  I  have  purchased  five  hundred  copies  of  this  work  out  of 
the  appropriation  of  the  last  session,  and  I  recommend  that  a  sum  be  ap 
propriated  sufficient  to  supply  all  the  officers  of  the  State  with  one  copy. 
The  cost  will  be  very  inconsiderable  in  comparison  with  the  object,  as 
this  small  volume,  costing  only  fifty  cents,  is  in  itself  a  very  tolerable 
military  library. 

Out  of  the  sum  appropriated  for  that  object,  I  have  purchased  a  suita 
ble  site  and  caused  an  arsenal  to  be  erected,  in  this  place,  capable  of  con 
taining  six  to  eight  thousand  stand  of  arms.  When  the  magazines  and 
barracks  are  completed,  the  whole  will  be  as  creditable  to  the  liberality 
and  forecast  of  the  Legislature,  as  it  will  be  conducive  to  the  public 
safety. 


APPENDIX.  563 

I  feel  it  to  be  my  duty  to  bring  to  your  view  some  measures  for  improv 
ing  the  condition,  elevating  the  character,  and  extending  the  usefulness 
of  the  chief  executive  department  of  this  government,  which  I  have  been 
restrained,  by  very  obvious  considerations,  from  suggesting  at  an  earlier 
period.  There  is  no  reform  in  the  practical  operation  of  our  system  of 
confederated  sovereign  communities,  and  in  the  state  of  public  opinion 
connected  with  it,  more  important  to  the  security  of  our  civil  institutions 
than  that  which  shall  restore  the  lost  equilibrium  of  that  system,  by 
raising  up  the  State  governments  from  that  low  point  of  depression  to 
which  they  have  been  carried  by  the  adverse  political  currents  of  the 
last  twenty  years,  to  their  primitive  dignity  and  power.  The  steady  pro 
gress  of  Federal  encroachment,  while  undermining  and  carrying  away 
the  constitutional  barriers  of  our  safety,  has  given  a  false  direction  to 
the  public  opinion  of  our  people  and  the  ambition  of  our  statesmen.  The 
latter  must  be  thoroughly  corrected,  before  the  former  can  be  success 
fully  resisted.  It  will  be  in  vain  that  we  struggle  to  maintain  the  great 
conservative  doctrines  of  the  South,  while  the  chief  magistrates  of  high- 
minded  Southern  States — the  representatives  of  their  sovereign  dignity — 
shall  descend  from  their  lofty  elevation,  prostrate  the  insignia  of  their 
offices  at  the  very  foot-stool  of  the  Federal  executive,  craving  at  his 
hands  the  miserable  honor  of  a  mission  to  the  Indian  tribes,  or  a  perma 
nent  agency  among  them,  and  moving  off  upon  this  degrading  errand, 
without  encountering  the  scornful  and  indignant  hisses  of  the  people, 
whose  sovereign  honor  he  has  betrayed  and  tarnished. 

With  a  view  of  counteracting  these  degrading  tendencies,  as  well  as 
of  increasing  the  respectability  and  usefulness  of  his  office  in  other 
respects,  I  recommended  that  the  salary  of  the  Governor  be  increased  to 
five  thousand  dollars ;  that  he  be  required  to  reside  habitually  at  the 
seat  of  government,  and  that  a  suitable  house  be  erected  for  his  accom 
modation.  This  is  almost  the  only  State  in  the  Union  where  a  mansion, 
corresponding  with  the  dignity  of  the  office,  is  not  provided  for  the  resi 
dence  of  the  Chief  Magistrate,  and  where  that  officer  is  not  required  to 
reside  permanently  at  the  seat  of  government. 

In  practice,  the  chief  executive  department  of  this  State  is  now 
either  the  private  residence  of  the  Governor,  often  on  one  extremity  of 
the  State,  or  a  sort  of  traveling  headquarters.  In  this  state  of  things 
the  people  are  exposed  to  great  inconvenience,  and  the  unfortunate  often 
fail  to  receive  the  benefit  which  they  would  otherwise  derive  from  his 
exercise  of  the  prerogative  of  mercy,  by  the  difficulty  of  ascertaining  or 
of  reaching  the  place  of  his  residence  for  the  time  being. 

I  also  suggest,  as  a  measure  of  obvious  expediency,  the  repeal  or  modi 
fication  of  the  provision  of  the  constitution,  which  renders  the  Chief 
Magistrate  ineligible  for  four  years  after  serving  one  term.  As  he  is 
almost  entirely  destitute  of  patronage  of  any  kind,  there  is  no  conceiva 
ble  reason  why  the  people  should  impose  this  jealous  restriction  upon 


564  MESSAGE  OF  THE  GOVERNOR. 

themselves,  by  which  it  must  frequently  happen  that  they  will  be  de 
prived  of  services  which  they  would  be  very  anxious  to  retain,  to  the 
serious  detriment  of  the  public  service.  As  the  constitution  now  stands, 
no  system  of  policy,  depending  upon  the  Chief  Magistrate  and  requiring 
a  series  of  years  for  its  execution,  can  be  successfully  accomplished. 

I  have  received  from  the  governors  of  the  several  confederate  States, 
resolutions  on  the  subject  of  the  proceedings  of  certain  abolition  socie 
ties  organized  in  the  non-slave-holding  States,  and  I  now  lay  these  reso 
lutions  before  you  in  compliance  with  the  request  by  which  they  were 
accompanied.  Most  of  them,  as  you  will  perceive,  are  from  the  legisla 
tures  of  slave-holding  States,  and  are  characterized  by  a- patriotic  spirit, 
an  enlightened  comprehension  of  our  common  rights,  and  firm  determi 
nation  to  defend  them,  worthy  of  the  high  sources  whence  they  ema 
nated. 

I  am  constrained,  however,  to  express  my  sincere  regret  that  notwith 
standing  the  solemn  appeal  made  by  South  Carolina  and  other  slave- 
holding  States,  to  the  States  in  which  those  abolition  societies  were 
formed,  invoking  them  to  interpose  their  legislative  powpr  for  the  pur 
pose  of  suppressing  these  seditious  machinations  against  our  peace  and 
safety,  which  were  openly  carried  on  under  the  protection  of  their  laws 
and  sovereign  jurisdiction ;  but  three  of  these  States  have  even  conde 
scended  to  notice  this  appeal,  and  not  one  of  them  has  taken  any  steps 
towards  suppressing  the  injurious  practices  of  which  we  so  justly  com 
plained. 

Considering  the  fraternal  spirit  in  which  our  application  was  conceived, 
and  the  respectful  language  in  which  it  was  expressed,  I  cannot  but 
regard  the  entire  neglect  with  which  it  has  been  thus  generally  treated, 
as  a  silent  but  significant  indication  of  the  alarming  state  of  public  opin 
ion  which  already  prevails  amongst  the  great  body  of  the  people  in  the 
non-slave-holding  States,  and  a  solemn  admonition  to  the  slave-holding 
States  to  guard  their  institutions  with  sleepless  vigilance,  and  be  at  all 
times  prepared  to  defend  them,  by  all  the  measures  and  all  the  means 
which  the  emergency  may  demand.  After  what  has  occurred,  it  will  not 
comport  with  the  dignity  of  South  Carolina,  as  a  sovereign  State,  deeply 
aggrieved  by  the  practices  to  which  I  have  referred,  to  hold  any  further 
correspondence  on  the  subject  with  those  States  that  have  treated  our 
complaints  with  this  total  neglect  and  silent  indifference. 

It  is  now  time  that  discussion  should  cease.  "  The  argument  is  exhaus 
ted,"  and  though  we  may  not  be  called  upon  to  "  stand  by  our  arms,"  we 
should  be  prepared  to  adopt  efficient  and  decisive  measures  for  our  own 
security,  as  soon  as  it  shall  be  ascertained  that  the  combined  guarantees 
of  international  law,  and  of  our  constitutional  compact  of  Union,  are  in 
sufficient  to  restrain  the  ferocious  spirit  of  fanatical  interference,  which  is 
now  waging  war  against  our  institutions.  It  is  no  longer  to  be  endured 
that  the  Federal  compact,  which  should  be  a  covenant  of  eternal  peace 


APPENDIX.  565 

among  the  States,  and  a  shield  to  protect  their  respective  institutions 
from  every  species  of  mutual  intermeddling,  should  be  used  as  the  con 
stant  pretext  for  this  conspiracy  against  our  lives,  our  property  and  our 
character. 

We  must  be  permitted  not  only  to  enjoy  our  rights  of  property,  but  to 
enjoy  them  in  peace  and  security.  It  is  a  gross  outrage  for  one  commu 
nity  to  attempt  to  overthrow  the  institutions  of  another,  even  by  discussion. 
If  committed  by  a  foreign  State  it  is  a  just  cause  of  war ;  if  by  a  confed 
erated  State,  it  is  a  just  cause  of  separation.  In  either  case  it  is  a  simple 
question  of  expediency  to  determine  where  the  evil  has  assumed  a  charac 
ter  to  warrant  a  resort  to  the  ultimate  remedy. 

Such  is  the  rapid  progress  of  the  spirit  of  abolition  in  the  non-slaveholding 
States,  that  no  human  sagacity  can  tell  how  soon  that  period  may  arrive. 
We  fatally  deceive  ourselves,  if  we  suppose  its  fury  has  abated.  On  the 
contrary  it  appears  from  the  annual  report  of  the  American  Anti-Slavery 
Society,  which  assembled  at  New  York  in  May  last,  that  the  abolition 
societies  had  swelled  in  number  from  200  to  523  since  the  report  of  the 
preceding  year. 

The  society  triumphantly  boasts  of  its  progress,  declares  its  reliance  on 
those  whom  it  denominates  "  bone  and  muscle  of  society,"  the  "  hard- 
handed,  clear-headed,  free  laborers  and  mechanics  of  the  North,"  and 
that  the  opposition  to  the  abolitionists  is  confined  to  "  the  heads  and 
tail  of  society — purse-proud  aristocrats  and  pennyless  profligates."  It 
then  proceeds  with  unfuriated  zeal,  without  the  piety  of  Peter  the  Hermit, 
to  rally  its  partisans  for  a  crusade  against  the  slave-holders,  by  exclaim 
ing  :  "Friends  and  fellow-laborers,  the  enemy  stands  openly  before  us. 
His  foot  is  on  the  neck  of  2,500,000  of  our  fellow  men.  He  asserts  the  right 
to  maintain  his  position  and  increase  the  number  of  his  victims.  He 
begs  no  longer  favors  from  the  circumstances  of  the  case;  he  boldly 
avows  slavery  to  be  the  best  condition  of  the  laborer.  Such  is  the  ene 
my  we  find  rampant  amidst  our  free  institutions."  In  this  strain  of  inso 
lent  assumption,  the  American  Anti-Slavery  Society  continues,  through 
some  fifty  pages,  to  denounce  the  slave-holders,  for  the  obvious  and 
avowed  purpose  of  holding  them  up  to  the  abhorrence  of  the  Northern 
people,  confidently  affirming  that  "  the  yeomanry  of  the  land  will  unite 
on  this  question,  and  identify  their  interests  with  those  of  the  slave." 
That  "  they  will  throw  away  political  and  sectarian  predilections,  and 
stand  forth  on  the  broad  ground  of  human  rights."  And  that  from  this 
class  the  cause  will  always  gain,  and  never  lose,  "  till  slave-holding  shall 
be  synonymous  with  robbery  in  public  opinion,  as  it  is  in  fact." 

I  have  long  believed  that  while  a  large  portion  of  the  men  of  intelli 
gence  and  property  in  the  North  were  opposed  to  every  species  of  inter 
ference  with  the  institutions  of  the  slave-holding  States,  the  great  body 
of  the  people,  headed  by  that  class  of  desperate  politicians,  who  hold 
that  no  charters  are  sacred,  would  finally  rally  under  the  banners  of  the 


666  MESSAGE  OF  THE  GOVERNOR. 

abolitionists  and  carry  everything  before  them  in  the  elections.  "When 
this  crisis  shall  arrive,  those  who  now  claim  for  Congress  the  constitu 
tional  power  to  emancipate  the  slaves  in  the  District  of  Columbia,  will  as 
boldly  claim  the  same  power  in  regard  to  the  States.  Their  whole  course 
demonstrates  that  this  is  the  consummation  at  which  they  are  aiming.  It 
is  neither  calculated  nor  designed  to  convert  the  slave-holders,  but  to 
unite  people  of  the  non-slaveholding  States  in  favor  of  the  emancipation 
of  our  slaves.  And  it  is  evident  that  this  would  not  conduce  in  any  res 
pect  to  the  accomplishment  of  their  object,  unless  by  a  resort  to  legisla 
tive  power  or  physical  force.  Such  being  the  apparent  tendency  and  de 
sign  of  these  discussions  and  proceedings,  it  devolves  upon  you  to  decide 
what  measures  shall  be  adopted  to  arrest  them. 

In  many  of  the  popular  meetings  at  the  South  assembled  to  consider  the 
subject  of  the  incendiary  proceedings  of  the  abolitionists,  the  States  in 
which  those  proceedings  were  carried  on,  were  called  upon  to  -suppress 
them  by  penal  enactments,  and  it  was  declared  that  if  this  redress  should 
be  refused,  it  would  be  expedient  for  the  slave-holding  States  to  meet  in 
Convention,  to  consider  the  means  of  protecting  themselves.  In  alluding 
to  these  proceedings  at  the  South,  the  American  Anti-slavery  Society  ex- 
ultingly  declares  that  no  legislative  body  in  the  non-slave-holding  States, 
and  but  one  popular  meeting,  had  dared  to  propose  penal  enactments 
against  the  abolitionists,  and  yet  that  the  slave-holding  States  shrunk 
from  the  execution  of  their  threatened  call  of  a  Convention. 

This  the  society  sets  forth  as  one  of  its  grounds  of  encouragement  and 
adds  :  "  The  threat  is  grown  stale,  and  its  terror  can  never  be  restored." 
The  intention  is  finally  declared  of  urging  upon  Congress  the  immediate 
abolition  of  slavery  in  the  District  of  Columbia,  and  the  hope  is  expressed 
that  the  tables  of  that  body  will  "  groan  with  a  tenfold  weight  of  pe 
titions." 

It  is  quite  apparent  that  as  long  as  the  halls  of  Congress  shall  be  open 
to  the  discussion  of  this  question,  we  can  have  neither  peace  nor  security  ; 
and  it  is  still  more  apparent  that  whenever  the  Federal  Legislature  shall 
usurp  the  power  of  emancipating  the  slaves  in  the  District  of  Columbia, 
the  only  security  of  the  Southern  States  will  consist  in  promptly  and 
peaceably  withdrawing  from  the  Union.  With  a  view,  therefore,  of  warn 
ing  the  people  of  the  North  of  the  consequence  of  such  an  usurpation, 
that  they  may  be  restrained  from  longer  agitating  a  subject  so  deeply 
involving  our  very  existence  as  a  people,  I  suggest  to  you  the  expediency 
of  making  a  solemn  legislative  declaration,  that  Congress  has  no  right  to 
abolish  slavery  in  the  District  of  Columbia,  and  is  under  no  constitutional 
obligation  to  receive  the  petitions  of  the  people  of  any  of  the  States  pray 
ing  for  such  abolition ;  and  that  whenever  Congress  shall  emancipate  the 
slaves  in  the  said  District,  or  in  any  of  the  Territories  of  the  United 
States,  South  Carolina,  in  common  with  the  other  slave-holding  States, 
will  be  absolved  from  all  constitutional  or  moral  obligation  to  remain  any 


APPENDIX.  567 

longer  in  the  Union,  and  may,  rightfully  and  peacefully,  withdraw  from  it. 
While  South  Carolina  is  thus  indignantly  repelling  all  foreign  attempts 
to  violate  the  sanctuary  and  endanger  the  existence  of  her  domestic  in 
stitutions,  it  becomes  her,  in  a  peculiar  manner,  to  abstain  from  every 
sort  of  interference  with  the  domestic  concerns  or  domestic  controversies 
of  all  other  States,  foreign  or  confederate.  The  doctrine  of  non-interfer 
ence  is  one  of  the  most  important  in  the  code  of  international  law,  and 
there  are  no  communities  on  earth  who  should  hold  it  so  sacred  as  the 
slave-holding  States  of  this  Union.  If,  by  their  example,  in  giving  coun 
tenance  to  the  unlawful  enterprises  of  their  own  citizens  against  a  neigh 
boring  and  neutral  power,  they  should  weaken  the  influence  of  that 
principle  among  nations,  they  would  commit  an  offense  against  their  own 
institutions  by  impairing  the  sanctity  of  their  surest  guarantee  against 
foreign  intrusion. 

Entertaining  these  opinions,  I  have  looked  with  very  deep  concern,  not 
unmingled  with  regret,  upon  the  occurrences  which  have  taken  place 
during  the  present  year,  in  various  parts  of  the  United  States,  relative  to 
the  civil  war  which  is  still  in  progess  between  the  Eepublic  of  Mexico 
and  one  of  her  revolted  Provinces. 

It  is  true  that  no  country  can  be  responsible  for  the  sympathies  of  its 
citizens ;  but  I  am  nevertheless  utterly  at  a  loss  to  perceive  what  title 
either  of  the  parties  to  this  controversy  can  have  to  the  sympathies  of 
the  American  people.  If  it  be  alleged  that  the  insurgents  of  Texas  are 
emigrants  from  the  United  States,  it  is  obvious  to  reply,  that  by  their  vol 
untary  expatriation — under  whatever  circumstance  of  adventure,  of  spec 
ulation,  of  honor,  or  of  infamy — they  have  forfeited  all  claim  to  our  frater 
nal  regard.  If  it  be  even  true  that  they  have  left  a  land  of  freedom  for  a 
land  of  despotism,  they  have  done  it  with  their  eyes  open  and  deserve 
their  destiny.  There  is  bwt  too  much  reason  to  believe  that  many  of  them 
have  gone  as  mere  adventurers,  speculating  upon  the  chances  of  estab 
lishing  an  independent  government  in  Texas,  and  of  seizing  that  immense 
and  fertile  domain  by  the  title  of  the  sword.  But  be  this  as  it  may,  when 
they  became  citizens  of  Mexico,  they  became  subject  to  the  constitution 
and  laws  of  that  country  ;  and  whatever  changes  the  Mexican  people  may 
have  since  made  in  that  constitution  and  these  laws,  they  are  matters  with 
which  foreign  States  can  have  no  concern,  and  of  which  they  have  no 
right  to  take  cognizance.  I  trust,  therefore,  that  the  State  of  South  Car 
olina  will  give  no  countenance,  direct  or  indirect,  open  or  concealed,  to 
any  acts  which  may  compromit  the  neutrality  of  the  United  States  or 
bring  into  question  their  plighted  faith.  Justice — stern  and  unbending 
justice — in  our  intercourse  with  other  States,  would  be  paramount  to  all 
the  considerations  of  mere  expediency  even  if  it  were  possible  that  these 
could  be  separated.  But  they  cannot.  Justice  is  the  highest  expediency, 
and  I  am  sure  South  Carolina  is  the  last  state  in  theUnion  that  would 
knowingly  violate  this  sacred  canon  of  political  morality. 


568  MESSAGE  OF  THE  GOVERNOR. 

If  any  consideration  could  add  to  the  intrinsic  weight  of  these  high  in 
ducements  to  abstain  from  any  species  of  interference  with  the  domestic 
affairs  of  a  neighboring  and  friendly  State,  it  would  be  the  tremendous 
retribution  to  which  we  are  so  peculiarly  exposed  on  our  Southwestern 
frontiers  from  measures  of  retaliation. 

Should  Mexico  declare  war  against  the  United  States,  and,  aided  by 
some  great  European  power,  hoist  the  standard  of  servile  insurrection  in 
Louisiana  and  the  neighboring  States ;  how  deep  would  be  our  self  re 
proaches  in  reflecting  that  these  atrocious  proceedings  received  even  a 
colorable  apology  from  our  example,  or  from  the  unlawful  conduct  of  our 
own  citizens ! 

There  is  one  question,  connected  with  this  controversy,  of  a  definite 
character,  upon  which  it  may  be  proper  that  you  should  express  an  opin 
ion.  You  are,  doubtless,  aware  that  the  people  of  Texas,  by  an  almost 
unanimous  vote,  have  expressed  their  desire  to  be  admitted  into  our  con 
federacy,  and  application  will  probably  be  made  to  Congress  for  that  pur 
pose.  In  my  opinion,  Congress  ought  not  even  to  entertain  such  a  propo 
sition  in  the  present  state  of  the  controversy.  If  we  admit  Texas  into  our 
Union,  while  Mexico  is  still  waging  war  against  that  province,  with  a 
view  to  re-establish  her  supremacy  over  it,  we  shall,  by  the  very  act  itself, 
make  ourselves  a  party  to  the  war.  Nor  can  we  take  this  step  without 
incurring  this  heavy  responsibility  until  Mexico  herself  shall  recognize 
the  independence  of  her  revolted  province. 

We  have  no  official  information  of  the  precise  state  of  our  relations  with 
Mexico  Enough  is  known,  however,  to  satisfy  us  that  the  conjuncture 
is  eminently  critical.  Let  us  be  scrupulously  careful  that  we  do  nothing 
to  countenance,  and  all  we  can  to  prevent,  the  calamity  of  a  war.  We  are 
now  engaged  in  a  fearful  and  doubtful  struggle  to  reform  our  Federal  sys 
tem  of  government,  by  throwing  off  the  corruptions  under  which  it  is 
rapidly  sinking. 

In  this  state  of  things  a  war  with  any  country  would  be  the  greatest  of 
calamities,  for  we  could  scarcely  hope  to  come  out  of  it  with  anything  but 
the  mere  wreck  of  a  free  constitution  and  the  external  forms  of  a  free 
government. 

But  may  heaven  avert  these  inauspicious  omens,  and  direct  all  your 
measures  to  the  advancement  of  our  true  glory  and  lasting  happiness  as 
a  free  and  a  favored  people. 

GEORGE  McDurriE. 


APPENDIX.  569 


THE  BOOK  OF  NULLIFICATION. 


CHAPTER  I. 

1.  Now  it  came  to  pass  that  in  those  days  John  of  Quincy  reigned  over 
all  the  land  of  America. 

2.  And  in  the  third  year  of  his  reign,  John  commanded  to  gather  to 
gether  the  governors,  and  the  captains,  and  the  rulers,  and  all  the  coun 
sellors  of  the  realm. 

3.  And  the  governors,  and  the  captains,  and  the  rulers,  and  the  coun 
sellors  of  all  the  land  were  gathered  together,  and  they  stood  before 
John,  in  the  city  called  Washington. 

4.  Then  stood  forth  a  counsellor  from  the  provinces  of  the  East,  and  he 
spoke  aloud,  and  said : 

5.  "  O,  men  of  the  East,  and  of  the  West,  and  ye  from  the  provinces 
towards  the  middle  ;  verily  the  land  wherein  ye  dwell  produceth  abund 
antly  the  fruits  of  the  earth,  and  your  flocks  yield  increase,  and  your 
laborers  are  weary  with  toil. 

6.  "  Yet  ye  prosper  not,  neither  do  you  partake  of  the  abundance  of 
the  earth ;  that  which  ye  have,  your  neighbor  also  hath,  and  that  which 
ye  want  ye  must  send  for  afar  off ;  and  ye  exchange  not  with  your  neigh 
bor,  but  with  the  stranger  that  is  without  your  gates. 

7.  "  Wherefore,  let  us  take  counsel  together,  and  make  to  ourselves  a 
statute,  to  be  ordained  by  John,  the  King,  even  an  ordinance  to  shut  out 
the  stranger  and  his  merchandise,  and  let  us  make  to  ourselves  all  that 
is  needful  to  the  body." 

8.  And  the  name  of  this  counsellor  was  Mallary ;  which  being  inter 
preted  is,  "That  which  causeth  pestilence." 

9.  And  his  voice  was  sweet  to  the  ears  of  the  rulers,  and  the  captains, 
and  the  counsellors  from  the    East  and  from  the  West,  and  from   the 
provinces  down  about  the  great  city,  and  they  hearkened  unto  his 
counsel. 

10.  But  the  rulers  and  the  counsellors  from  the  provinces  of  the  South 
would  not  hearken  thereto,  but  they  rent  their  raiment  in  vexation,  and 
were  made  sorely  wroth. 

11.  And  the  rulers,  and  the  captains,  and  the  counsellors  from  the  East, 
and  from  the  West,  and  from  the  central  provinces,  bowed  before  John, 
the  King,  and  besought  him  to  ordain  the  statute  which  Mallary  had  de 
vised  ;  and  John  commanded  that  it  should  be  so. 

12.  Now,  it  came  to  pass,  that  before  those  days,  a  certain  great  Pro 
phet  had  arisen  in  the  South,  and  his  name  was  called  George. 


570  BOOK  OF  NVLLIFICA  TION. 

13.  And  in  the  reign  of  James,  of  Virginia,  the  word  was  proclaimed 
by  George,  that  lo !  a  time  should  come  when  the  Kingdom  of  America 
would  be  unable  to  give  sufficient  honor,  and  distinction,  and  power,  to 
all  the  rulers,  and  the  captains,  and  the  counsellors  of  the  land. 

14.  And  that  certain  men  should  strive  to  rend  in  twain  the  realm,  and 
to  set  over  each  portion  thereof  another  chief  governor,  and  other  rulers 
and  captains. 

15.  Now,  when  John  had  commanded  the  statute  to  be  ordained,  the 
men  of  the  South  remembered  the  words  which  George  had  prophesied, 
and  they  had  faith,  and  believed  that  the  fulfilment  thereof  was  at  hand. 

16.  And  the  rulers,  and  the  captains,  and  the  counsellors  of  the  South, 
gathered  together,  even  in  the  city  called  Washington,  and  George,  the 
Prophet,  was  in  the  midst  of  them. 

17.  Then  George  stood  forth  and  said :  "  Ye  men  of  the  South,  if  ye  be 
minded  to  fulfil  all  that  is  written  in  the  book  of  my  prophecies,  even 
the  book  called '  One  of  the  People]  this  day  shall  ye  see  made  manifest 
the  truth  therof. 

18.  "Arise,  now,  and  go  straightway  to  your   people,  and  cry   aloud 
against  the  statute  which  John  hath  ordained;  and  say  that  ye  have  been 
betrayed,  and  oppressed,  and  ruined,  and  undone.    Declare  that  ye  must 
break  the  yoke  of  the  King,  and  lo !  I  will  give  you  a  King  to  reign  over 
yourselves,  even  John  my  kinsman,  the  Magician  from  the  South." 

19.  Now  the  words  of  George  seemed  good  unto  many  of  the  wise  men, 
and  the  rulers,  and  the  captains  of  the  South ;  and  they  took  counsel  to 
gether  to  rebel  against  the  power  of  John  of  Quincy,  and  to  render  asun 
der  the  provinces  of  the  South  from  the  provinces  of  the  East  and  West. 

20.  But  a  certain  wise  man,  a  ruler  of  the  people,  called  William,  pur 
posed  in  his  heart  to  do  that  which  was  just  in  the  sight  of  Heaven,  and 
he  gave  no  faith  to  the  words  of  George,  and  he  refused  his  counsel. 

21.  And  Thomas,  of  Winyaw,  would  not  bow  down  before   John,  the 
Magician ;  but  he  turned  aside,  and  he  opened  his  mouth  and  spake  to 
the  people  of  the  South  the  whole  counsel  of  George,  and  all  the  words 
which  the  evil  counsellors  from  the  South  had  uttered. 

22.  Then  the  wise  men,  and  the  rulers,  and  the  captains,  who  had  heark 
ened  to  the  words  of  George,  took  counsel  together  to  slay  Thomas  be 
fore  the  people,  and  they  sent  up  to  destroy  him  one  of  their  captains, 
even  Robert,  who  was  afterwards  surnamed  "  THE  NULLIFIER." 

23.  Now,  Robert  stood  up  before  the  people,  and  with  many  words  de 
clared  the  saying  of  Thomas  to  be  false,  and  he  besought  the  people  to 
cast  stones  at  Thomas,  so  that  his  voice  might  no  more  be  heard. 

24.  But  Thomas  had  the  fear  of  the  Lord  before  his  eyes,  and  his  heart 
was  strengthened. 

25.  Then  called  he  aloud  on  William  the   Just,  to  verify  the  words 
which  he  had  spoken  of  Robert,  and  of  George,  and  .of  John  the  Sor 
cerer,  and  of  the  other  evil  rulers  and  counsellors  from  the  South. 


APPENDIX. '  571 

26.  And  William  being  a  just  man,  had  respect  unto  the  truth,  and 
verified  the  words  of  Thomas  which  he  had  spoken,  and  set  before  the 
men  of  the  South  the  design  which  their  evil  counsellors  had  in  their 
hearts  against  the  Union  of  the  realm  of  America. 

27.  So  Robert,  the  Nullifier,  was  put  to  manifest  shame  before  all  the 
people. 

28.  And  it  came  to  pass  that  James,  the  son  of  James,  was  a  captain 
over  the  provinces  of  the  South,  and  was  one  of  those  who  had  conspired 
with  George,  the  Prophet,  and  with  Eobert,  and  with  John,  the  Sorcerer, 
in  the  plot  which  they  had  devised  against  the  people  of  the  South. 

29.  Now  when  Thomas,  of  "Winyaw,  had  spoken  to  the  people  the  coun 
sel  of  George,  James  was  sorely  troubled,  and  his  heart  smote  against  his 
breast,  because  it  was  he  of  whom  the  word  had  been  given  by  the  mouth 
of  the  prophet   George,  "that  ONE   Government  over  all  the   land   of 
America  would  not  be  sufficient  for  the  ambition  of  all  its  princes  and 
rulers  and  captains." 

30.  And  James  rose  and  stood  before  Eobert  and  said  to  him :  "Verily, 
O  Robert,  we  are  in  great  peril ;  we  have  in  the  days  which  are  past  caused 
to  be  made  statutes  and  ordinances  like  unto  those  which  now  spare  not 
the  people  of  the  South,  and  which  cleave  asunder  their  rights. 

31.  "We  have  given  counsel  to  John,  and  to  the  King  before  him,  even 
to  James,  of  Virginia,  to  eschew  the  voice  of  the  wise  captain  from  the 
South,  even  of  William,  from  the  province  of  Georgia,  and  we  have  turned 
into  outer  darkness  the  men  who  are  called  'radicals.' 

32.  "Wherefore,  0  Robert !  the  people  of  the  South  may  not  put  faith  in 
the  cry  which  we  must  raise  against  the  statute  of  John,  of  Quincy,  and 
against  the  words  of  Thomas,  of  Winyaw — but  be  not  cast  down,  0  Robert ! 

33.  "For  I,even  I,  James,  will  forthwith  put  from  me  for  a  time  all  honor 
and  distinction  and  power,  and  I  will  return  to  the  people  of  the  South 
and  will  say  unto  them,  Lo !  I  have  laid  aside  all  power  and  might,  and 
have  become  as  one  of  the  most  humble  of  these  my  countrymen. 

34.  "And  I  will  declare  to  them  that  the  counsel  which  we  gave  to 
James  the  King  was  evil,  and  that  in  those  days  I,  James,  was  under  'a 
natural  delusion;'  and  I  will  say  that  I  have  repented  thereof ;  and  then 
we  will  cry  aloud  against  the  ordinances  of  John  of  Quincy,  and  spare  not. 

35.  "Then,  0  Robert !  the  people  who  have  hearkened  unto  the  words  of 
Thomas  will  again  put  their  trust  in  us,  and  they  will  make  me  a  Gov 
ernor  to  rule  over  them,  and  then  we  shall  have  wherewithal  to  slay 
Thomas  before  the  people,  and  to  cast  out  William  the  Just,  and  to  make 
John  the  Conjuror  to  reign  over  the  land." 

36.  And  Robert  hearkened  unto  the  counsel  of  James,  and  his  soul  was 
confronted  and  his  countenance  was  lighted  with  joy. 

37.  And  in  the  fourth  year  of  the  reign  of  John  of  Quincy,  James,  the 
son  of  James,  performed  the  promise  which  he  had  made  to  Robert  the 
Nullifier,  and  returned  home  with  fear  and  trembling  to  his  people. 


572  BOOK  OF  NULLIFICATION. 


CHAPTER  II. 

1.  Now  when  James,  the  son  of  James,  had  returned  to  his  people,  he 
gathered  together  the  captains,  and  the  wise  men,  and  the  rulers  of  hun 
dreds,  and  the  rulers  of  tens  in  all  the  land  of  Colleton,  which  is  hard  by 
Charleston. 

2.  And  he  cried  aloud  against  John  of  Quincy,  and  against  the  statute, 
and  against  the  tariff  which  he  had  ordained. 

3.  And  he  opened  his  mouth  and  said,  "Ye  men  of  Colleton !  lo,  the  peo 
ple  of  the  East,  who  are  called  Yankees,  have  smote  your  land  with  a 
scourge ;  they  have  despoiled  you  of  your  substance  and  put  chains  upon 
your  members  ;  they  have  robbed  your  fields  of  their  increase,  and  "the 
fox  peeps  forth  from  your  ruined  chateaus." 

4.  And  the  men  of  Colleton  turned  their  eyes  to  the  East  and  to  the 
West,  for  they  knew  not  the  thing  which  is  called  a  "chateau ;"  they  felt 
their  arms  for  chains,  but  they  were  free. 

5.  And  they  looked  forth  on  the  fields,  but  they  were  fresh  with  ver 
dure,  and  the  land  was  without  scourge ;  and  they  marveled  greatly  at 
the  words  of  James. 

6.  But  James  called  aloud  on  the  name  of  George  the  Prophet. 

7.  And  George  answered  in  a  voice  like  the  rushing  of  many  waters  and 
said  unto  the  people,  "Awake,  stand  up,  O  men  of  Colleton,  who  have 
drunk  at  the  hands  of  the  Yankees  their  cup  of  fury." 

8.  "Verily,  I  say  unto  you,  that  although  your  fields  are  green  and  your 
hands  free,  yet  desolation  and  destruction  and  famine  shall  surely  come 
upon  you,  for  by  the  spirit  of  John,  the  Conjuror,  I  swear  that  great  and 
inconceivable  are  the  evils  which  the  tariff  of  John  of  Quincy  shall  bring 
to  pass. 

9.  "Wherefore,  0  men  of  Colleton,  let  not  your  hearts  be  faint,  but 
hearken  to  the  works  of  James  and  wax  stronger  in  the  faith — for  lo  I  I 
will  show  unto  you  a  hidden  secret." 

10.  Then  George  waved  his  hand  before  the  eyes  of  the  men  of  Colleton* 
and  they  beheld  in  the  air  a  host  of  Yankees  bearing  from  the  fields  of 
the  South  "forty  of  every  hundred  parts"  of  the  increase  thereof. 

11.  And  he  gave  them  to  drink  of  certain  liquor,  which  James  and  his 
companions  had  procured  from  the  kingdom  beyond  the  great  waters, 
even  from  the  land  of  Champaigne,  and  they  waxed  warm,  and  they  felt 
the  chains  and  the  shackles  whereof  James  had  spoken. 

12.  And  the  men  of  Colleton  were  astonished  at  the  power  of  George 
and  of  James,  the  son  of  James,  and  they  bowed  down  to  them  and  wor 
shiped  them. 

13.  So  the  words  of  James,  which  he  had  spoken,  were  made  manifest  to 
them,  and  they  gnashed  their  teeth  and  shouted  aloud. 

14.  On  that  same  day  James  departed  from  among  them  and  went  down 
by  the  sea  to  the  city  called  Charleston. 


APPENDIX:  573 

15.  Now  it  came  to  pass  that  John  of  Quincy  was  gathered  to  his  fathers 
and  Andrew  sat  upon  his  throne. 

16.  And  John  the  Conjuror,  and  Robert  the  Nullifier,  and  George  the 
Prophet,  and  James,  the  son  of  James,  feared  in  their  hearts  the  power  of 
Andrew,  for  he  was  a  just  man,  and  had  the  fear  of  the  Lord  before  his  eyes. 

17.  And  they  bowed  before  his  throne,  and  spake  in  a  loud  voice  to  the 
people,  saying :  "  We,  even  we,  are  the  faithful  servants  of  Andrew,  and 
will  do  honor  to  his  name." 

18.  But  the  heart  of  John  the  C  onjuror,  was  in  secret  turned  against 
Andrew,  and  he  was  greatly  wroth  against  him,  and  his  countenance 
fell — for  his  soul  coveted,  strongly,  the  throne  whereon  Andrew  sat. 

19.  Now  when  John  the  Conjuror  had  seen  the  power  of  George  the 
Prophet,  and  of  James,  the  son  of  James,  made  manifest  upon  the  men 
of  Colleton,  he  gathered  unto  him  all  the  wise  men,  and  the  rulers,  and 
the  captains  of  his  faction  to  take  secret  counsel  together. 

20.  And  George  the  Prophet  was  in  the  midst  of  them  ;  and  Robert  and 
James,  the  son  of  James,  were  not  afar  off. 

21.  Then  John  opened  His  mouth  and  said :  "  Men  and  brethren,  verily 
we  have  cried  aloud  against  the  Tariff  ordained  by  John  of  Quincy,  and 
my  servants,  George  and  James,  have  made  ready  the  men  of  Colleton 
and  of  Edgefield,  and  we  have  sought  to  prepare  all  the  provinces  of  the 
South. 

22.  "  So  that  if  it  should  come  to  pass  that  John  of  Quincy  should  con 
tinue  to  sit  upon  the  throne  we  could  rend  from  him  the  provinces  of  the 
South,  and  place  a  King  to  reign  over  them. 

23.  "  Then  should  we  all   have  honor,  and  power,  and  distinction,  and 
glory ;  and  my  servants,  George,  and  James,  and  Robert,  would  be  set  in 
high  places. 

24.  "But  now,  men  and  brethren,  behold,  the  people  give  more  honor 
and  love  to  Andrew  than  to  me,  and  they  bow  down  with  veneration  be 
fore  him,  and  if  we  cry  aloud  against  Andrew,  as  we  did  against  John  of 
Quincy,  they  will  cast  stones  at  us. 

25.  "  Wherefore  let  us  go  forth  to  all  the  provinces  of  the  South,  and 
let  us  confound  the  understanding  of  the  people,  and  let  us,  with  one  ac 
cord,  declare  to  them  that  the  King's  counsellors  at  the  great  city  are 
seeking  to  despoil  them. 

26.  "  And  we  will  arouse  them  to  vengeance,  and  we  will  send  forth 
George  the  Prophet,  and  Robert,  and  James,  and  there  will  be  a  mighty 
commotion. 

27.  "  And  we  shall  have  meetings  and  feasts,  and  meat  offerings,  and 
drink  offerings  over  all  the  land  of  the  South ;  and  when  the  hour  shall 
come,  then  shall  we  cause  the  people  to  NULLIFY  the  statute  which  was 
ordained  in  the  reign  of  John  of  Quincy." 

28.  "  And  peradventure  Andrew  the  King  will  wax  wroth  thereat,  and 
Will  send  forth  a  power  to  enforce  the  statute  and  the  ordinances  of  the 


674 ,  BOOK  OF  NULLIFICATION. 

realm ;  but  we~shall  rejoice  the  more,  for  the  South  will  become  as  a 
fiery  furnace  for  Andrew,  and  the  people  will  be  as  tigers  when  their  gar 
ments  are  stained  with  blood. 

29.  "  Then  shall  we  be  able  to  send  forth  a  multitude  against  Andrew 
the  King,  and  we  will  do  battle  with  him,  and  we  will  rend  asunder  his 
dominions,  and  we  will  take  to  ourselves  the  rich  provinces  of  the  South, 
and  set  over  them  another  King  and  other  Princes  and  Governors. 

30.  "  And  I,  John,  will  cast  for  ye  all  a  Graven  Image,  which  shall  be 
endued  with  great  power  to  blind  the  eyes  of  the  people,  and  to  shut 
their  ears,  and  ye  shall  set  it  up  in  a  high  place,  and  ye  shall  bow  down 
before  it  and  worship  it. 

31.  "And  the  name  of  the  Graven  Image  shall  be  called  'NULLIFICA 
TION/  which  being  interpreted  is  '  DISUNION,'  and  the  place  wherein  ye 
shall  set  it  up  shall  be  called  '  CONVENTION.'" 

32.  And  the  counsel  of  John  the  Conjuror  seemed  good  to  all  the  chief 
men,  and  the  rulers,  and  the  captains,  who  were  gathered  before  him,  and 
they  departed  straightway  every  man  to  do  his  allotted  part. 

CHAPTER  III. 

1.  Now  in  the  second  year  of  the  reign  of  Andrew,  he  commanded  the 
governors,  and  the  rulers,  and  the  captains,  and  the  wise  men  of  all  the 
land  of  America  to  gather  together  at  the  city  called  Washington. 

2.  And  the  commandment  of  Andrew  was  hearkened  to  throughout  the 
land,  and  the  governors,  and  the  rulers,  and  the  wise  men  stood  before 
him ;  and  Robert  the  Nullifier  was  among  them. 

3.  Now  Eobert,  in  the  beginning,  was  upright,  and  feared  the  Lord,  and 
eschewed  evil ;  and  he  increased  in  substance  and  in  honor  before  his 
people. 

4.  But  he  hearkened  to  the  voice  of  John  the  Conjuror,  and  his  heart 
became  changed  in  the  sight  of  Heaven,  and  prudence  departed  from 
him. 

5.  And  he  arose  before  all  the  rulers,  and  the  captains,  and  the  wise 
men,  who  were  gathered  together  in  the  city  called  Washington,  and  he 
set  up  before  them  the  graven  image  which  John  had  made,  even  the 
image  NULLIFICATION,  and  he  commanded  them  to  bow  down  before  it 
and  worship  it. 

6.  Then  John  the  Conjuror  became  sorely  troubled,  and  his  spirit  was 
disquieted  within  him,  and  he  rent  his  garments  in  vexation  because 
Robert  had  neglected  to  hide  the  graven  image  in  the  place  called  Con 
vention,  and  had  openly  brought  it  forth  before  all  the  people. 

7.  And  he  feared  greatly  lest  the  graven  image  should  be  cleft  asunder, 
and  lest  the  enchantments  and  sorceries  which  he  had  placed  therein 
should  be  destroyed  by  the  wise  men  who  stood  before  him ;  and  his  fears 
were  not  vain. 


APPENDIX.  575 

8.  For  a  certain  Daniel  arose  and  smote  the  graven  image,  and  threw  it 
upon  the  earth  in  sight  of  all  the  rulers,  and  captains,  and  wise  men  of 
the  realm. 

9.  But  Robert  straightway  arose  and  set  it  up  again,  and  he  placed 
around  it  a  palisade  of  osiers,  and  beyond  the  same  he  erected  a  patch 
work,  gathered  together  from  the  East  and  from  the  West,  and  from  the 
North  and  from  the  South. 

10.  xlnd  over  the  whole  he  caused  to  be  written  a  superscription  in 
letters  of  English,  "  THE  CAROLINA  DOCTRINES." 

11.  Then  Daniel  girded  up  his  loins,  and  stood  forth  before  all  the  rulers, 
and  the  captains,  and  the  wise  men  ;  and  he  tore  into  fragments  the  patch 
work  which  Robert  had  made. 

12.  And  he  overturned  with  his  feet  the  palisade  of  osiers,  and  he  smote 
a  second  time  the  graven  image,  and  he  cast  it  down  before  the  people, 
and  he  struck  from  it  the  head,  and  broke  the  body  into  pieces. 

13.  Now  Robert  was  greatly  wroth  at  the  act  which  Daniel  had  done, 
and  he  seized  upon  the  pieces  of  the  idol,  and  endeavored  to  set  them 
together  before  the  people. 

14.  But  a  certain  wise  man  named  Edward,  a  ruler  over  the  province 
of  Louisiana,  and  an  elder  of  the  people,  arose  and  stood  before  Robert, 
and  said  unto  him : 

15.  "  Peace  be  unto  thee,  O  Robert !  let  not  thine  anger  arise  within 
thee  against  Daniel,  for  I  say  unto  thee,  thy  path  leadeth  to  error. 

16.  "  The  graven  image  which "thou  hast  set  up  is  made  of  sorceries  and 
enchantments,  and  is  evil  in  the  sight  of  God  and  man  ;  and  though  per- 
adventure  Daniel  hath  dealt  hardly  by  it,  and  by  thee,  yet  I,  even  I, 
Edward,  who  hath  stood  by  thee  in  good  report  and  in  evil  report,  must 
say  unto  thee,  of  a  surety  this  thy  NULLIFICATION  is  but  emptiness  and 
vanity. 

17.  "  Wherefore,  0  Robert !  deliver  to  me  the  fragments  thereof,  that  I 
may  cast  them  forth  upon  the  face  of  the  earth." 

18.  So  Edward  took  the  pieces  which  Robert  had  gathered,  and  scat 
tered  them  as  dust  before  all  the  people. 

19.  And  all  the  rulers,  and  the  captains,  and  the  wise  men  of  the  land, 
departed  from  the  presence  of  Andrew  the  King,  and  returned  to  their 
homes. 

20.  And  Robert  the  Nullifier  departed  in  sorrow,  and  would  not  be 
comforted ;  and  he  went  down  by  the  sea  to  the  city  called  Charleston, 
and  sought  out  James,  the  son  of  James. 

CHAPTER  IV. 

1.  Now  when  Robert  was  come  to  the  city  called  Charleston,  the  peo 
ple  had  compassion  upon  him,  and  no  man  opened  his  mouth  against 
him. 


576  B00.fi:  OF  NULLIFICATION. 

2.  And  the  elders  and  the  chief  men  of  the  city  sought  to  comfort  him, 
for  they  verily  believed  that  he  had  repented  him  of  his  evil  ways,  and 
had  hearkened  to  the  voice  of  Edward,  and  had  eschewed  the  worship  of 
the  graven  image  called  NULLIFICATION. 

3.  But  when  Robert  saw  the  elders  and  the  chief  men,  that  they  yielded 
honor  to  his  name,  his  heart  waxed  bold,  and  he  was  puffed  up  in  his 
own  conceit. 

4.  And  he  called  upon  James,  the  son  of  James,  who  is  surnamed  "  the 
Deluded/'  and  said  unto  him,  "  Verily  the  men  of  Charleston  know  not  of 
the  shame  we  have  been  put  to  at  the  hands  of  Daniel,  neither  have  they 
heard  that  our  graven  image  hath  been  broken  in  pieces,  and  hath  been 
exposed  before  the  rulers  of  the  land. 

5.  "  Wherefore,  0  James,  let  us  again  put  together  the  pieces,  and  let 
us  cause  it  to  be  set  up  in  a  high  place  before  the  men  of  Charleston, 
even  in  the  City  Hall ;  and  let  us  make  a  great  feast,  and  let  us  gather 
together  all  the  people,  and  let  us  say  unto  them : 

6.  "0  men  of  Charleston  !  lo,  this  is  the  cunning  device  which  hath  been 
contrived  by  John,  the  great  Conjuror,  whereby  to  destroy  the  Yankees, 
your  enemies,  and  to  put  off  from  you  the  evils  which  George  the  Prophet 
hath  declared  will  surely  come  from  the  ordinance  of  him  called  Mallary. 

7.  "  And  its  name  is  called  NULLIFICATION  ;    and  behold  it  has  great 
power  and  dominion  over  the  hearts  of  men,  for  when  it  shall  speak  unto 
Andrew  the  King,  he  shall  tremble  with  dread,  and  the  ordinance,  even 
the  Tariff,  shall  straightway  become  null  and  void." 

8.  And  the  counsel  of  Robert  seemed  good  in  the  sight  of  James,  and  he 
trusted  that  the  people  would  believe,  and  he  did  as  Robert  had  spoken. 

9.  Now  there  was  a  certain  man  of  Charleston  named  Henry,  a  ruler 
of  the  people,  and  he  had  a  "  Grandfather" 

10.  And  he  was  the  High  Priest  who  stood  before  the  altar  of  the  false 
god  of  the  heathen,  even  of  him  called  MERCURY,  to  whom  the  thieves 
and  the  liars  and  the  evil  speakers  of  the  nations  offer  sacrifice. 

11.  Now  Henry  bowed  down  day  by  day  before  the  altar  of  the  strange 
god,  and  offered  sacrifice  thereat,  large  sheets  of  paper,  stamped  and  writ 
ten  upon  in  characters  of  ink ;  and  afterwards  he  gave  the  sheets  to  his 
kinsmen  and  his  friends,  and  they  read  the  characters,and  believed  in  them. 

12.  And  the  sheets  of  paper  found  favor  with  the  false  god,  for  they 
were  acceptable  unto  him,  and  he  put  upon  them  a  superscription,  even 
his  own  name,  "  THE  MERCURY." 

13.  Now  when  Robert  and  James  saw  the  daily  sacrifice  of  Henry,  and 
that  much  people  received  at  his  hands  the  sheets  of  paper,  and  believed 
in  all  that  was  written  upon  them,  they  rejoiced  greatly,  for  they  put 
their  trust  in  Henry. 

14.  And  they  besought  Henry  to  set  up  Nullification  in  the  temple  of 
Mercury,  and  to  offer  incense  thereto,  and  to  find  it  favor  in  the  sight  of 
the  people. 


APPENDIX.  577 

r  15.  And  Henry  the  High  Priest  hearkened  unto  their  request,  and  he 
gave  unto  the  people  hundreds  and  thousands  of  the  sheets  of  paper, 
which  were  daily  sacrificed,  and  he  caused  to  be  written  thereon  praises 
unto  the  graven  image,  which  John  the  Conjuror  had  made,  and  he  pro 
nounced  it  a  good  thing  to  give  honor  and  adoration  thereunto. 

16.  And  he  desired  his  followers  and  all  the  multitude  to  come  down 
to  the  feast  which  Eobert  the  Nullifier  had  counseled  to  be  made,  and  he 
said  unto  the  people,  that  lo !  it  was  a  feast  of  peace  offering,  and  that 
thereby  they  should  do  honor  to  all  their  rulers,  and  even  to  William  the 
Just,  whom  they  loved. 

17.  So  the  people  of  Charleston  listened  to  the  words  of  Henry,  and 
many  of  them  gathered  together  to  the  feast ;  and  Eobert  the  Nullifier, 
and  James,  the  son  of  James,  who  is  also  called  the  "  Deluded,"  were  in 
the  midst  of  them. 

18.  Now  it  came  to  pass  that  William  the  Just  had  returned  to  his  peo 
ple,  and  Robert  and  James  entreated  of  him  to  come  unto  the  great  feast, 
for  they  knew  the  favor  which  William  had  found  in  the  sight  of  the  men  of 
Charleston,  and  they  desired  under  the  shadow  of  his  wing  to  profit  thereby. 

19.  And  they  concealed  from  William  the  secret  purpose  which  they 
had  in  their  hearts,  to  make  the  feast  in  honor  of  the  graven  image  Nulli 
fication  ;  and  they  vowed  that  it  was  a  meat  offering  of  respect  from  all 
the  people  to  William,  and  to  the  elders,  and  to  the  rulers  of  the  land. 

20.  So  William  did  even  as  he  was  entreated,  and  went  up  to  the  feast ; 
and  many  of  his  kinsmen  and  friends  also  gathered  together,  for  they 
verily  believed  that  where  William  was,  there  might  they  be  also. 

21.  And  Henry  the  High  Priest  also  called  unto  the  feast  LANGDON. 

22.  Now  Langdon  was  a  man  of  humble  condition,  whose  lot  had  been 
cast  among  the  lowly,  and  he  could  not  like  Henry  the  High  Priest,  point 
up  to  a  grandfather,  and  claim  his  station  as  an  inheritance. 

23.  But  Langdon  eschewed  evil,  and  was  earnest  in  well  doing,  and  he 
made  himself  a  name  throughout  the  land,  and  the  people  honored  him 
for  his  virtues,  and  gave  unto  him  riches  and  distinction,  and  power. 

24.  And  they  made  him  a  ruler  over  the  land,  and  sent  him  up  as  a 
counsellor  before  the  King,  at  the  great  city  ;  and  the  King  had  respect 
unto  him,  and  set  him  in  high  places. 

25.  Then  Langdon  became  puffed  up,  and  his  heart  was  filled  with  pride, 
and  he  forgot  his  former  condition  of  humility ;  and  he  forsook  the  peo 
ple  who  had  elevated  him,  and  departed  from  amongst  them. 

26.  And  he  put  his  trust  in  the  fame  which  had  gone  before  him  from 
the  provinces  of  the  South,  and  from  the  great  city,  and  he  sought  a 
larger  kingdom,  wherein  he  might  obtain  greater  riches  and  power  than 
could  be  had  in  the  land  whence  he  had  departed. 

27.  And  he  pitched  his  tent  in  the  land  of  Pennsylvania,  and  he  made 
to  himself  a  great  tabernacle  in  the  city  called  Philadelphia,  and  he  spake 

37 


578  BOOK  OF  NULLIFICATION. 

kindly  to  the  people,  that  they  should  hold  him  as  a  brother,  even  as  he 
had  been  held  among  the  men  of  the  South. 

28.  But  the  men  of  Pennsylvania  hearkened  not  to  the  words  of  Lang- 
don,  and  they  put  no  faith  in  him,  for  they  saw  that  his  heart  was  set 
upon  the  high  places  of  the  land ;  and  they  yielded  unto  him  neither 
favor  nor  distinction,  but  looked  upon  him  as  a  stranger  and  sojourner 
among  them. 

29.  Then  Langdon  was  greatly  vexed,  and  his  soul  was  disquieted  within 
him,  and  in  his  wrath  he  swore  vengeance  against  the  men  of  Pennsylva 
nia,  and  he  departed  from  amongst  them,  and  wandered  among  the  pro 
vinces,  without  any  fixed  habitation  or  abiding  place. 

30.  Now  it  came  to  pass  that  James,  surnamed  the  "  Deluded,"  and 
Robert  the  Nullifier,  knew  of  the  discontent  which  overshadowed  the 
heart  of  Langdon,  and  they  believed  that  the  name  of  Langdon  was  still 
great  in  the  provinces  of  the  South,  and  they  imagined  that  the  hour  was 
come  in  which  they  could  prevail  upon  him  to  bow  down  before  John  the 
Conjuror,  and  to  serve  him. 

31.  And  they  gathered  together  around  Langdon,  and  they  comforted 
him,  and  they  promised  to  avenge  him  of  the  despiteful  treatment  of  the 
men  of  Pennsylvania ;  and  James  led  him  to  a  far  country,  and  showed 
unto  him  the  rich  fields  of  the  South,  and  said  unto  him : 

32.  "  Behold,  O  Langdon  !  here  is  abundance  of  the  fruits  of  the  earth  ; 
rice  and  sugar  doth  the  land  yield  forth  freely ;   wherefore  pitch  thou 
here  thy  tent,  and  thou  shalt  increase  in  riches  and  power,  and  thy  sons 
shall  receive  honor  and  distinction  at  the  hands  of  the  people  of  the 
South." 

33.  And  Langdon  was  comforted  by  the  words  of  James,  and  he  did 
even  as  he  had  counseled ;  and  he  pitched  his  tent  amongst  the  fertile 
lands  near  the  great  river,  even  the  Savannah ;  and  he  went  down  with 
James  by  the  sea,  to  the  city  called  Charleston. 

34.  And  the  friends  of  John  the  Conjuror,  and  of  Kobert,  and  of  James, 
took  Langdon  by  the  hand,  and  they  gave  unto  him  meat  offerings,  and 
drink  offerings,  and  feasts,  and  his  name  became  great  among  the  lords 
and  princes  of  the  land. 

35.  But  when  the  men  of  low  degree  who  are  called  Republicans,  and 
who  were  the  ancient  friends  of  Langdon,  came  near  unto  him,  Langdon 
turned  another  way,  and  he  knew  them  not. 

36.  And  the  people  marveled  greatly  at  Langdon ;   and  they  saw  that 
he  was  a  deserter  from  the  faith,  and  they  looked  upon  his  face,  and 
behold  it  was  greatly  changed,  and  they  knew  not  what  manner  of  man 
he  was,  and  they  feared  greatly  that  he  was  given  over  to  the  enemy. 

37.  So  they  held  their  peace,  and  every  man  went  his  own  way  with  his 
heart  awakened  to  suspicion  against  Langdon,  and  some  called  him  the 
Disappointed. 


APPENDIX.  579 

38.  Now  the  same  Langdon  it  was,  whom  Henry  the  Chief  Priest,  and 
James,  the  son  of  James,  and  Robert  the  Nullifier,  had  bidden  unto  the 
great  feast  at  the  city  called  Charleston,  even  the  FEAST  OF  NULLIFICA 
TION. 

CHAPTER  V. 

1.  Now  there  was  a  certain  man  of  large  stature  and  of  weak  sight 
who  dwelt  in  the  city  of  Charleston,  and  he  was  a  scribe,  and  his  name 
was  called  Robert. 

2.  And  the  heart  of  Robert  yearned  towards  the  men  who  dwelt  in  an 
Island  beyond  the  great  waters,  and  he  loved  them  with  all  his  soul,  so 
the  men  of  Charleston  called  Robert,  "  the  Englishman." 

3.  And  Robert  in  his  heart  hated  Andrew  the  King,  who  reigned  over 
the  realm  of  America ;  for  the  same  Andrew  it  was,  who  slew  near  the 
great  river  Mississippi,  thousands  of  enemies,  who  came  from  the  distant 
Island  which  Robert  loved. 

4.  And  John  the  Conjuror,  saw  into  the  heart  of  Robert  the  English 
man,  and  he  wrote  letters  unto  him,  giving  praises  unto  the  graven  image 
called  NULLIFICATION,  which  John  had  made,  and  saying,  that  it  was 
mighty,  to  make  the  provinces  of  the  South  one  realm  with  the  distant 
Island,  towards  which  the  heart  of  Robert  yearned. 

5.  Now,  Robert  the  Englishman  had  faith,  and  believed  in  the  words  of 
John,  and  he  came  also  to  the  great  Feast  of  Nullification,  to  do  honor 
thereunto. 

6.  Then  the  rulers,  and  the  elders,  and  the  wise  men,  and  all  those  who 
came  unto  the  feast,  gathered  together,  and  were  seated  around  the  tables 
in  the  Great  Hall  of  the  city,  and  they  did  eat. 

7.  But  James,  who  is  surnamed  "  the  Deluded,"  and  Robert  the  Nullifier, 
feared  much,  lest  the  eyes  of  William  the  Just,  should  alight  upon  the 
graven  image,  NULLIFICATION,  for  they  knew  he  would  expose  it  to  all 
the  people. 

8.  So  they  set  the  Idol  in  a  high  place,  and  covered  it  over  with  a  Cloth 
of  Stripes  and  of  Stars,  and  William  saw  the  cloth,  and  believed  it  was 
the  banner  of  the  nation,  and  he  knew  not  what  was  beneath. 

9.  And  all  the  people  did  partake  of  the  feast,  for  they  nothing  doubted 
but  that  they  thereby  made  manifest  their  love  and  their  veneration  for 
the  name  of  him  whom  they  delighted  to  honor. 

10.  And  they  called  aloud  on  William  the  Just,  and  gave  praises  unto 
him,  "  as  a  cherished  son  of  the  South,  disciplined  in  her  best  schools  of 
chivalry  and  honor." 

11.  Then  William  arose  before  all  the  people,  and  gave  thanks  for  the 
love  wherewith  they  had  honored  him,  and  he  opened  his  mouth  and  said, 

12.  "Verily,  O  men  of  Charleston,  ye  have  heard  much  clamor  against 
the  statute  of  John  of  Quincy,  even  the  Tariff,  and  ye  have  been  en- 


580  BOOK  OF  NULLIFICATION. 

treated  to  resist  the  same,  even  though  Andrew  the  King  had  sworn  to 
enforce  all  the  statutes  of  the  realm. 

13.  "And  ye  have  been  told  by  certain  men,  if  ye  will  but  take  into 
your  hands  a  cunning  device  called  NULLIFICATION,  ye  will  thereby  be 
enabled  to  overthrow  the  power  of  the  King,  without  peril  to  your  lives 
or  to  the  realm. 

14.  "But  I  say  unto  you,  Men  and  Brethren,  this  saying  is  vain;  of  a 
surety  Andrew  the  King  will  perform  the  oath  which  he  has  sworn  ;  and 
if  ye  set  at  nought  the  statutes  of  the  realm,  Andrew  will  send  a  power 
against  ye  to  enforce  obedience. 

15.  "  And  ye  must  then  do  battle  with  Andrew,  and  if  ye  be  subdued, 
then  will  ye  be  put  to  shame ;  and  if  ye  gain  the  victory,  then  will  ye 
have  stained  your  raiment  with  the  blood  of  brethren,  and  ye  will  have 
rent  in  twain  the  realm,  and  ye  must  make  to  yourselves  another  King. 

16.  "These,  Men  and  Brethren,  are  the  fruits  of  NULLIFICATION;  and 
they  were  made  manifest  when  Daniel  and  Edward  broke  the  same  in 
pieces,  and  held  it  up  before  the  people,  and  those  who  made  the  cunning 
device  have  repented  them  of  their  work,  and  will  peradventure  confess 
the  error  of  their  ways." 

17.  And  when  William  had  thus  spoken,  the  people  shouted  aloud  with 
a  great  shout,  and  the  Great  Hall  shook  thereat ;  and  the  cloth  of  stripes 
and  stars  which  had  been  placed  before  William  was  blown  aside,  and 
the  graven  image,  Nullification,  stood  manifest  before  all  the  people. 

18.  Then  AVilliam  turned  his  eyes  upward  toward  Heaven,  and  he  saw 
the  graven  image  which  had  been  set  up  on  the  high  place,  and  he  was 
greatly  wroth,  and  he  took  in  his  hand  the  broad  banner  which  had  been 
used  to  conceal  it. 

19.  And  he  waved  the  banner  and  cried  aloud, "  Behold,  men  of  Charles 
ton,  the  graven  image  Nullification  has  been  again  set  up  to  deceive  you ; 
the  idolaters  have  not  repented  of  their  evil  ways,  and  they  yet  bow 
down  before  strange  gods. 

20.  "  Wherefore  let  us  arise  and  declare  before  all  the  world  that  this 
our  banner  shall  no  more  give  shelter  to  the  offspring  of  the  Sorcerer, 
but  shall  "  ever  wave,  with  undiminished  lustre,  over  free,  sovereign,  and 
UNITED  STATES." 

21.  And  the  people  arose  with  one  accord  and  did  as  William  counselled ; 
and  instantly  the  graven  image  fell  from  the  place  whereon  it  stood,  and 
passing  near  the  head  of  Robert  the  Englishman,  struck  upon  the  earth 
and  was  broken  into  fragments. 

22.  And  Robert  was  stunned  but  not  crushed,  and  from  that  day  he 
went  about  the  city  like  one  possessed  of  a  Devil,  and  many  believed  that 
Nullification  had  entered  his  brain. 

23.  But  the  people  who  were,   gathered  together  at  the  feast,  were 
greatly  wroth  when  they  saw  how  Nullification  had  been  set  up  before 


APPENDIX.  5S1 

them,  and  they  began  to  turn  their  eyes  upon  Robert  the  Nullifier,  for 
they  grievously  suspected  him. 

24.  Then  Robert  the  Nullifier  stood  forth  and  said,  "  Of  a  surety  O  men 
of  Charleston,  I  repose  not  on  a  'Bed  of  Roses/  for  I  am  'but  as  a  mes 
senger  of  defeat  and  disaster ; '  and  although  William  had  spoken  to  you  of 
the  evil  which  I  have  sustained  at  the  hands  of  Daniel,  and  of  the  man 
of  Louisiana, 

25.  "  Yet,  O  friends  !  I  have  suffered  and  been  humbled  in  the  cause  of 
'State  Rights,'  and  although  our  enemies  have  told  ye  that  we  bowed 
down  before   Nullification,  and  that  we  have  here   set  up  the  graven 
image  to  be  worshiped  by  you  all,  yet  I  beseech  ye,  put  no  faith  in  their 
words : 

26.  "  For  I  swear  unto  you  that  the  Nullification  to  which  we  bowed 
down,  is  not  that  which  hath  been  crushed  here  before  you,  but  it  is  the 
same  Nullification  which  was  set  up  in  the  distant  country  called  Ken 
tucky,  by  Thomas,  whom  ye  all  know,  and  who  is  surnamed  Jefferson. 

27.  "  "Wherefore,  O  men  of  Charleston,  be  not  wroth  with  me,  for  the 
work  which  was  done  by  Thomas,  for  I  am  but  an  humble  follower  of  his 
path ;  and  if  Nullification  be  evil  in  your  sight,  visit  not  the  sin  thereof 
upon  my  head." 

28.  And  Robert  the  Nullifier  said  many  words  to  the  people,  to  blind 
their  eyes  to  the  error  of  his  ways,  and  they  held  their  peace,  but  their 
hearts  were  kindled  against  him,  for  they  saw  manifestly,  that  though  his 
courage  failed  him,  yet  he  repented  not. 

29.  And  they  treasured  up  his  words  in  their  remembrance  for  a  future 
day  of  reckoning,  when  he  should  be  called  to  account  for  his  steward 
ship. 

30.  And  they  were  yet  the  more  angry  with  Robert,  because  he  laid  his 
own  sins  at  the  door  of  Thomas,  surnamed  Jefferson,  for  the  people  knew 
that  Thomas  was  a  man  without  guile,  and  would  not  bow  down  before 
any  Graven  Image. 

CHAPTER  VI. 

1.  Now  it  came  to  pass  that  while  the  people  hearkened  to  the  speech 
of  Robert  the  Nullifier,  James,  who  is  called  the  "  Deluded,"  caused  cer 
tain  men  privily  to  gather  together  the  fragments  of  the  graven  image 
NULLIFICATION. 

2.  And  he  sent  the  same  to  John  the  Conjuror,  to  be  set  together  again 
by  the  power  of  his  sorceries  and  enchantments ;  and  he  also  sent  mes 
sengers  to  John,  to  beseech  him  to  hide  the  graven  image  until  the  hour 
should  come  when  it  could  be  elevated  in  the  place  that  is  called  CON 
VENTION. 

3.  For  that  the  men  of  Charleston  were  greatly  wroth  against  NULLI 
FICATION,  and  would  not  bow  down  before  it ;  but  he  trusted  that  they 


582  BOOK  OF  NULLIFICATIONS 

might  be~made  to  believe  that  CONVENTION  was  a  good  thing  and  worthy 
of  all  praise. 

4.  So  when  Robert  the  Nullifier  had  seated  himself  again  amongst  the 
people  at  the  great  feast,  James  the  "  Deluded  "  sought  to  withdraw  the 
eyes  of  men  from  the  ruin  which  had  overtaken  Nullification,  and  he 
arose,  and  with  a  great  shout  uttered  praises  to  the  name  of  William  the 
Just,  and  to  the  other  counsellors  of  the  South. 

5.  And  the  people  with  one  accord  joined  in  the  shout,  for  their  hearts 
overflowed  with  love  towards  William  the  Just,  and  towards  a  certain 
other  William,  who  was  a  Senator  from  the  provinces  of  the  South. 

6.  And  these  were  the  counsellors  to  whose  names  the  people  gave 
praises,  but  the  deeds  of  Robert  the  Nullifier  were  set  apart  in  their 
hearts  for  the  day  of  reckoning. 

7.  Then  Langdon  arose  and  spake  in  a  loud  voice  to  all  the  elders,  and 
the  rulers,  and  the  wise  men,  and  the  people  who  were  gathered  together 
at  the  feast,  and  said : 

8.  "  Ye  men  of   Charleston !    behold,  I  have  pitched  my  tent  amongst 
you,  for  I  heard  when  I  was  afar  off,  that  ye  were  afflicted,  and  that  ye 
mourned  in  sackcloth  and  ashes  over  the  Tariff  of  John  of  Quincy. 

9.  "And  lo !  I  have  come  amongst  you  in  this  your  day  of  tribulation, 
to  give  unto  you  succor  and  consolation.     For  verily  ye  are  bowed  down 
to  the  earth  with  grievous  oppression. 

10.  "And  the  land  wherein  ye  dwell  is  but  as  a  '  Colony'  to  the  realm, 
and  ye  bear  on  your  necks  a  yoke  of  bondage,  weightier  than  that  where 
with  ye  were  oppressed  in  the  days  which  are  passed,  when  George  the 
King,  beyond  the  great  waters,  had  dominion  over  you. 

11.  "  Behold,  your  fields  yield  abundantly  the  fruits  of  the  earth,  yet 
ye  prosper  not,  neither  do  ye  flourish ;  for  that  which  ye  pay  in  tribute 
draineth  you  of  your  substance. 

12.  "  Moreover,  when  ye  complain,  your  voice  is  as  the  voice  of  babes 
and  sucklings,  the  counsellors  of  the  King  hearken  not  thereunto,  neither 
do  they  yield  unto  you  respect.    Ye  have  cried  unto  them  for  succor,  but 
to  your  prayers  have  they  turned  a  deaf  ear. 

13.  "  Wherefore,  0  men  of  Charleston  !  call  no  more  upon  Andrew  the 
King,  nor  upon  his  counsellors,  but  call  ye  upon  those  who  have  the  like 
feelings,  and  the  like  passions  with  yourselves,  even  upon  the  men  of  the 
South. 

14.  "  And  the  men  of  the  South  will  hearken  unto  your  voice,  and  they 
will  join  with  you  to  resist  the-men  of  the  North  ;  and  then  will  ye  com 
pel  Andrew  the  King  to  give  way  to  your  prayers. 

15.  "  Peradventure  it  shall  come  to  pass,  that  Andrew  the  King  will 
send  a  power  against  you  to  enforce  the  statutes  of  the  realm,  and  ye 
may  do  battle  with  him,  and  thereby  ye  may  be  brought  to  rend  in 
twain  the  provinces  of  his  Kingdom : 


APPENDIX.  583 

16.  "  But  be  not  dismayed,  for  I  say  unto  you,  the  evils  which  ye  suffer 
are  '  not  to  be  borne,'  and  they    'ought  to  be  resisted  at  ANY  AND  EVERY 
HAZARD.'  " 

17.  Now  when   Langdon  had   ceased  speaking,  the  people  marveled 
greatly  at  his  words,  seeing  that  he  had  been  an  indweller  for  many 
years  among  those  of  whom  he  now  spake  bitterly,  and  had  not,  during 
all  that  time,  opened  his  mouth  to  convince  them  of  the  error  of  their 
ways. 

18.  And  they  were  yet  the  more  astonished  at  his  speech  wherein  he 
said,  that  he  had  come  amongst  them  to  share  their  sorrows ;  for  they 
saw  that  he  lived  upon  the  fat  of  the  land,  and  that  the  lords  and  the 
princes  of  the  city  offered  unto  him  daily  sumptuous  feasts,  and  that  he 
partook  thereof. 

19.  And  they  wrere  confounded  at  his  words,  so  they  held  their  peace, 
and  waited  patiently  to  see  what  time  would  bring  forth. 

20.  Now  when  James,  who  is  called  the" Deluded,"  perceived  that  Lang 
don  had  said  not  a  word  giving  praise  to  NULLIFICATION,  or  to  its  abiding 
place  CONVENTION,  he  began  to  fear  lest  the  heart  of  Langdon  was  in  se 
cret  turned  against  the  followers  of  John   the  Conjuror,  and  that  he 
would  not  bow  down  before  the  work  of  John's  hands. 

21.  And  James  became  sorrowful  thereat,  and  his  spirit  sank  within 
him.    But  a  certain  Richard  called  upon  him  in  a  loud  voice  before  all 
the  people,  and  declared  that  he,  James,  should  be  made  a  Governor  to 
rule  over  them,  and  the  words  of  Eichard  gave  comfort  to  his  soul.  " 

22.  Now  Richard  was  a  man  of  great  riches,  but  his  stores  of  knowledge 
were  not  abundant ;  and  he  desired  greatly  to  be  made  a  ruler  and  a  Sena 
tor  over  the  province  called  Carolina,  and  he  believed  that  James  the  De 
luded  had  great  power,  and  could  minister  unto  his  desire,  and  he  became 
a  faithful  follower  of  James. 

23.  Then  James  the  Deluded  opened  his  mouth  and  said,  "  Verily,  O  men 
of  Charleston,  I  give  thanks  unto  you  all,  and  more  especially  unto  Rich 
ard  (whose  name  shall  dwell  in  my  remembrance)  for  the  favor  ye  have 
this  day  shown  forth  in  setting  me  up  to  be  made  chief  Governor  over  this 
province. 

24.  "  Ye  all  know  that  in  the  days  which  are  past  I  (James)  did  join  with 
the  counsellors  of  the  North  in  ordaining  statutes  which  you  now  declare 
do  bow  you  to  the  dust,  and  which  despoil  you  of  your  substance. 

25.  "  But  when  it  was  made  manifest  that  the  path  which  I  pursued 
would  lead  me  far  from  your  favor,  and  that  ye  would  take  from  me  all 
power  and  honor,  I  saw  the  error  of  my  ways  and  turned  from  the  weaker 
to  the  stronger  side. 

26.  "  And,  rather  than  suffer  for  conscience  sake,  I  confessed  unto  you 
my  sins,  and  declared  that   I  had  been    under  'a  natural  delusion,'  to 
which  my  eyes  are  now  open. 


584  BOOK  OF  NULLIFICATION. 

27.  "  And  I  will  now  pronounce  openly  before  you  all '  the  creed1  in  which 
I  now  believe,  and  ye  shall  see  that  I  am  strong  in  faith. 

28.  "  I  believe  the  Tariff  of  him  called  Mallary  to  be  a  palpable,  deliber 
ate  and  dangerous  violation  of  the  ordinances  of  the  realm,  and  that  it  is 
a  device  of  cunning  men  to  despoil  you  of  the  fruits  of  your  labor. 

29.  "  I  believe  that  ye  are  oppressed  and  ruined  by  the  statutes  which 
have  been  ordained  by  the  great  council  of  Andrew  the  King,  and  that 
desolation  will  soon  cover  your  land,  even  as  the  waters  do  the  great  deep. 

30.  "And  I  say  unto  you,  O  men  of  Charleston,  that  ye  may  cry  aloud 
for  relief,  but  ye  shall  find  none  at  the  hands  of  the  Yankees,  your  ene 
mies;  wherefore, arise  at  once, and  stand  forth  in  your  might:  ye  'ought 
and  MUST  RESIST/ 

31.  "  Peradventure  some  of  you  shall  say  how  can  we  resist  without  do 
ing  battle  with  Andrew  the  King,  who  hath  sworn  before  Heaven  to  en 
force  the  ordinances  of  the  realm. 

32.  "  But  I  say  unto  you,  fear  nothing ;  and  if  Andrew  the  King  shall  do 
that  which  he  hath  sworn,  upon  his  head  be  the  blood  which  shall  be 
spilt — for  it  is  his  fault,  and  not  ours. 

33.  "  And  if  he  send  forth  a  power  to  enforce  the  statutes  of  the  realm, 
assuredly  his  reign  will  be  a  '  Sanguinary  Despotism,'  against  which  our 
fathers  have  taught  us  to  rebel. 

34.  "  And  we  will  defend  ourselves  with  our  own  right  arm,  and  in  the 
heat  of  strife  we  shall  spill  blood,  or  rend  asunder  the  realm ;  of  a  surety 
this  is  not  'DISUNION  OR  CIVIL  WAR/  but  it  is  that  which  is  called  GLORIOUS 

REVOLUTION." 

35.  Then  all  the  people  were  astonished  at  the  words  of  James,  and  they 
arose  with  one  accord  to  cast  him  out ;  but  when  they  came  near  unto 
him  they  saw  manifestly  that  he  was  still  under  "  a  natural  delusion,"  and 
they  had  compassion  on  him. 

36.  For  behold  his  eyes  shot  forth  a  lurid  glare,  and  a  thick  vapor 
descended  from  his  nostrils,  and,  passing  upwards  before  his  eyes,  caused 
him  to  see  as  through  a  glass — darkly. 

37.  And  it  was  now  made  manifest  to  all  the  people  that  James,  the  son 
of  James,  saw  not  as  other  men  saw,  and  that  all  things  were  visible  to 
him  through  a  false  medium,  and  they  all  cried  aloud,  "  Of  a  surety  this 
man  is  well  called  '  TPIE  DELUDED.'  " 

38.  And  the  elders,  and  the  wise  men,  and  the  counsellors  of  the  South, 
now  remembered  the  words  which  Thomas,  of  Winyaw,  had  spoken  in  the 
days  that  were  past ;  and  they  feared  in  their  hearts  that  the  fulfilment 
thereof  was  at  hand,  and  they  secretly  resolved  to  set  their  faces  against 
"  THE  DELUDED  "  and  his  followers. 

39.  And  they  saw  manifestly  that  the  heart  of  James  was  hardened,  and 
that  Eobert  the  Nullifier  had  conspired  together   with   him,  and  they 
feared  greatly  lest  Langdon  was  given  over  to  them,  but  they  all  held  their 
peace. 


APPENDIX.  585 


CHAPTEE  VII. 

1.  Then  a  certain  man  from  the  multitude,  a  faithful  follower  of  James 
" the  Deluded"  arose,  and  called  aloud  upon  Eobert,  who  is  surnamed  the 
Englishman. 

2.  And  he  gave  praises  to  the  name  of  Eobert,  and  because  his  brain  had 
become  disordered  by  the  evil  spirit,  NULLIFICATION,  and  by  the  enchant 
ments  of  John  the  Conjuror,  he  likened  Robert  unto  a  certain  madman, 
who  dwelt  among  the  Gentiles  in  the  days  which  are  past,  whose  name 
was  called  Brutus. 

3.  And  Robert,  the  Englishman,  rejoiced  to  hear  the  sound  of  his  praise, 
even  from  the  mouth  of  an  humble  follower,  and  he  arose  from  the  earth, 
and  gnashed  his  teeth,  and  grinned  horribly,  and  shouted  aloud. 

4.  Now,  when  William  the  Just  and  his  companions  saw  how  that  one 
possessed  of  the  evil  spirit,  NULLIFICATION,  prepared  to  speak  to  the  mul 
titude,  and  how  that  James,  "  the  Deluded,"  and  Robert,  who  was  called 
"  the  Nullifier"  and  all  their  followers  made  ready  to  hearken  unto  him, 

5.  They  were  greatly  astonished,  and  they  said  unto  one  another,  "  Is 
not  this  man  the  same  Robert  who  is  called  the  Englishman,  and  who 
hath  long  hated,  in  his  heart,  Thomas,  who  is  surnamed  Jefferson,  and  all 
his  house  ? 

6.  "  And  is  not  this  he  who  reviled  and  spake  despitef ully  against  our 
rulers,  and  who  sought  to  make  us  bend  beneath  the  yoke  of  the  King, 
beyond  the  great  waters,  who  had  taken  from  us  sailors,  and  who  despoiled 
us  of  our  ships  and  our  merchandise  upon  the  great  deep  ? 

7.  "And  is  this  not  he  who  laughed  to  scorn  our  strength,  and  who 
made  a  jest,  and  a  bye-word,  of  the  power  which  we  sent  forth  against  our 
enemies,  and  who  '  turned  pale,'  at  the  glad  tidings  of  the  battle  which 
Andrew,  the  King,  had  gained  over  them  on  the  great  River  ? 

8.  "  And  is  he  now  a  counsellor  and  a  ruler  over  us,  that  we  should 
hearken  unto  him  ?    Shall  we  sit  beneath  the  outpouring  of  his  words  ; 
verily,  can  a  man  touch  pitch  and  not  be  defiled  ?  " 

9.  So  William,  the  Just,  and  all  his  followers,  arose,  with  one  accord 
arid  departed  from  the  presence  of  Robert,  and  from  the  feast,  and  every 
man  went  to  his  own  home. 

10.  But  Robert,  the  Englishman,  shouted  yet  the  more  loudly,  and  the 
shouts  were  echoed  back  by  the  walls  of  the  great  hall,  and  Robert  be 
lieved  that  the  echoes  were  new  shouts  from  the  people  and  his  heart 
was  made  glad,  for  the  sound  was  new  to  his  ears. 

11.  Then  opened  he  his  mouth,  and  said,  "  Ye  men  of  Charleston  !  unto 
you  I  render  thanksgiving  for  the  shoutings  wherewith  you  have  greeted 
me,  and  I  rejoice  that  ye  have  likened  me  to  him  of  the  Gentiles,  who  is 
called  Brutus. 

12.  "  But  think  not,  O  friends,  that  I  am  mad  now,  for  I  say  unto  you, 
my  heart  is  changed  within  me,  and  I  love  Thomas,  who  is  called  Jeffer- 


586'  BOOK  OF  NULLIFICA  TION. 

son,  with  the  same  love  wherewith  ye  have  loved  him,  and  I  am  not  a 
stranger,  but  a  native  of  the  land  wherein  ye  all  dwell. 

13.  "  And  I  am  '  THE  MIRROR  '  wherein  ye  may  see  reflected  '  the  princi 
ples  '  of  Thomas  ;  and  I  have  placed  them  anew  '  before  the  admiring  eyes 
of  his  disciples  ;'  and  I  have  '  illustrated  their  truth ;'  and,  behold,  I  have 
awaked  from  '  A  NATURAL  DELUSION/  like  James,  the  son  of  James. 

14.  "  But  ye  are  not  to  believe  that  I  am  ashamed  to  be  called  '  the 
Englishman ;'  for  even  as  De  Kalb  is  dear  to  the  German,  and  as  '  the 
sons  of  the  Shamrock'  give  honor  to  him  called  Montgomery,  even  so 
panteth  my  heart  after  the  Island  across  the  great  waters. 

15.  "And  now,  men  and  brethren, care  not  ye  for  these  things, but  turn 
your  eyes  to  the  desolation  of  the  land,  whereof  ye  have  heard  so  much 
this  day,  and  behold,  at  once,  ye  may  see  the  ruin,  wherewith  the  ordi 
nances  of  the  King's  council  have  overwhelmed  you. 

16.  "  Wherefore,  tarry  ye  no  longer,  but  arise,  buckle  on  your  armor, 
and  smite  your  oppressors  ;  be  ye  '  prepared  'for  the  worst,  whether  it  be 

DANGER,  DEATH  OR    DISUNION.'  " 

17.  And  when  Robert  had  said  the  word  "  DISUNION  "  (which  is  NULLI 
FICATION  interpreted),  his  brain  became  dizzy,  for  he  had  thereby  invoked 
the  evil  spirit,  and  he  was  given  over  to  the  power  of  its  enchantments. 

18.  And  he  turned  around  to  the  right  hand,  and  to  the  left,  and  he 
gnashed  his  teeth,  and  shouted   aloud:   "Tremble   not,  ye  men  of  the 

South  ;  TREMBLE  NOT  AT  THE  WORD  DISUNION." 

19.  Then  Robert  was  overcome  by  the  power  of  the  evil  spirit,  which 
he  had  again  invoked,  and  he  fell  backwards  upon  the  earth,  and  NULLI 
FICATION  had  dominion  over  him,  and  he  was  reserved  as  a  burnt  offering 
for  the  day  of  CONVENTION  ;  and  from  that  hour  his  name  became  changed, 
and  he  was  called  "THE  DISUNIONIST." 

20.  Now  the  people  marveled  greatly,  when  they  heard  praises  to  the 
name  of  Thomas,  surnamed  Jefferson,  from  the  lips  of  Robert,  and  how 
that  Robert  had  called  himself  "  THE  MIRROR  "  of  him  whom,  in  days  past, 
he  had  grievously  reviled  and  persecuted. 

21.  But  it  was  now  made  manifest  that  Robert,  the  "Disunionist,"  was  but 
a  painted  sepulchre,  and  that  he  sought  to  beguile  the  people  with  the  name 
of  Thomas,  and  to  persuade  them  that  he  was  "  a  disciple  "  of  the  true  faith. 

22.  Now,  it  came  to  pass,  that  when  Henry,  the  chief  priest  of  Mercury, 
saw  all  that  had  been  done,  and  how  that  the  followers  of  James  the  Delu 
ded,  and  of  Robert,  the  Nullifier,  tarried  at  the  feast  and  were  waxing 
warm  from  the  wine  which  was  set  before  them, 

23.  He  thought,  in  his  heart,  that  the  hour  was  surely  come  wherein 
without  much  peril,  he  could  stand  forth  as  a  great  champion,  and  claim 
to  himseif  the  name  of  a  bold  and  valiant  warrior. 

24.  So  Henry  arose  and  cried  aloud   against   the  statute  called  the 
Tariff,  and  against  the  counsellors  who  had  ordained  it,  and  against  all 
the  rulers  of  the  land. 


APPENDIX.  587 

25.  And  he  opened  his  mouth  and  said,  "O  men  of  the  South!;  of  a 
surety  '  your  degradation  is  abject ;'  and  the  words  which  ye  have  this 
day  heard  from  the  mouth  of  James,  and  of  Robert,  are  the  words  of 
truth. 

26.  "  Your  enemies,  the  Yankees,  have  encompassed  you  round  about, 
and  will  destroy  you  ;  wherefore,  ye  must  straightway  arise,  and  go  forth 
to  meet  them. 

27.  "  And  if  you  will  hearken  unto  my  voice,  verily  I  say  unto  you, 

UNFURL  AT  ONCE  THE  BANNER  OF  THE  STATE." 

28.  And  when  Henry,  the  High  Priest,  had  thus  spoken,  all  his  followers 
shouted  aloud,  for  they  rejoiced  greatly  that  he  was  now  ready  to  buckle 
on  his  armor,  and  that  no  man  could  again  gainsay  his  valor. 

29.  Now  wrhen  all  the  rulers,  and  the  elders,  and  the  counsellors  at  the 
feast,  had  declared  the  whole  counsel  which  they  had  devised,  it  came  to 
pass  that  their  disciples  and  followers,  began  to  give  loose  to  the  feelings 
within  them. 

30.  And  they  made  a  great  clamor ;  for  they  were  inflamed  with  the 
wine  which  had  been  set  before  them,  and  with  the  words  which  they 
had  heard. 

31.  And  some  uttered  curses   against  the  men  of   the  North,  called 
Yankees — and  some  called  them  leeches,  and  threatened  them  with  poi 
son  ;  and  many  spake  of  chains,  and  of  shackles,  and  of  ruin,  and  of  des 
olation. 

32.  And  one  cried  aloud,   "DISUNION,  OUR  ONLY  PRESERVATION;"  and 
another  spake  of  "  A  REPUBLIC  SOUTH  OF  THE  POTOMAC,"  and  a  third  called 
for  "  action,  action, action" 

33.  And  they  all  shouted  aloud — and  they  continued  eating  and  drink 
ing  until  the  eleventh  hour  of  the  night ;  and  as  many  as  had  strength  to 
do  so,  departed  to  their  own  homes. 

34.  But  when  the  people  heard  of  all  that  had  come  to  pass,  they  were 
greatly  wroth  against  James  the  Deluded,  and  Robert  the  Nullifier,  and 
the  other  rulers  and  counsellors — and  they  looked  upon  them  as  stumb 
ling  blocks  in  the  path  of  those  to  whom  they  should  have  been  as  burn 
ing  lamps. 

35.  And  they  treasured  all  these  things  in  their  remembrance  for  a  day 
of  reckoning,  when  they  should  all  give  an  account  of  the  deeds  that 
were  done  at  the  FEAST  OF  NULLIFICATION. 

CHAPTER  VIII. 

1.  Now  when  the  Feast  of  Nullification  was  ended,  it  came  to  pass 
that  the  fragments   of   the  graven  image,  called  Nullification,  which 
James,  the  " Deluded"  had  sent  away,  were   safely  delivered  into  the 
hands  of  John,  the  Conjuror. 

2.  And  John,  by  his  sorceries  and  enchantment,  put  them  together 
again,  and  he  caused  the  graven  image  to  be  put  into  a  mould  of  clay, and 


588  BOOK  OF  NULLIFICATION. 

he  cast  from  the  mould  many  likenesses  thereof,  and  sent  the  likenesses 
over  all  the  land,  but  the  graven  image  itself,  he  reserved  to  be  set  up  in 
a  place  called  CONVENTION. 

3.  And  one  of  the  liknesses  of  the  graven  image  was  set  up  before  the 
men  of  Coosawhatchie,  and  another  was  seen  upon  a  certain  island,  called 
Edisto,  and  yet  another  was  placed  on  high,  in  a  certain  village  called 
Stateburg. 

4.  And  much  people  of  the  land  of  Coosawhatchie,  and  of  the  island, 
called  Edisto,  and  from  the  village,  that  is  on  the  high  hills,  came  up  to 
see  the  likenesses;  and  they  heard  tidings  of  their  great  power,  and 
they  bowed  down  to  them,  and  worshiped  them. 

5.  Then  John,  the  Conjuror,  gave  the  graven  image,  which  is  called 
NULLIFICATION,  into  the  hands  of  George,  the  Prophet,  and  commanded 
George  to  set  it  up  for  time  in  the  land  of  Edgefield,  and  of  Abbeville  ; 
and  George  the  Prophet  did  even  as  he  had  commanded,  and  he  uttered 
loud  praises  to  its  name. 

6.  Now,  when  William  the  Just,  and  certain  others  of  the  righteous, 
heard  all  these  things,  they  sent  messengers,  with  letters,  to  all  their 
followers,  and  they  called  upon  the  people  to  forsake  the  strange  gods, 
and  they  told  them  all  the  evil  fruits  which  Nullification  would  bring  forth. 

7.  And  throughout  all  the  land  the  people  began  to  commune,  one  with 
another,  and  they  saw  made  manifest  the  error  of  their  ways,  and  they 
resolved  with  one  accord  to  forsake  the  worship  of  Nullification. 

8.  Then  John  the  Conjuror  became  sorely  troubled,  for  he  saw  that  the 
hearts  of  the  people  were  turned  against  him,  and  he  was  grievously 
afraid  lest  his  soceries  and  enchantments  should  all  be  made  manifest. 

9.  So  he  called  together  unto  him  the  powers  of  darkness,  over  whom  he 
had  dominion,  and  he  commanded  them  to  move  over  the  whole  face  of 
the  South,  and  to  seek  out  the  graven  image  NULLIFICATION,  and  all  the 
likenesses  thereof. 

10.  And  he  commanded  them  to.  gather  them  altogether,  and  to  chain 
them  with  a  great  chain  around  their  necks,  and  to  hide  them  from  the 
sight  of  the  people  until  the  hour  wherein  they  should  assemble  in  CON 
VENTION. 

11.  So  the  evil  spirits  did  even  as  John  had  commanded,  and  NULLIFI 
CATION  was  no  more  seen  upon  the  earth. 

12.  Then  John  the  Conjuror  sent  messengers  to  James  the  Deluded, 
and  to  his  other  followers,  giving  tidings  of  what  he  had  done,  and  be 
seeching  them  no  longer  to  give  praises  to  the  name  of  NULLIFICATION, 
but  instead  thereof  to  fill  their  ears  with  the  sound  of  CONVENTION. 

13.  And  he  assured  them  that  CONVENTION  would  seem  beauteous  to  the 
sight  of  the  people,  and  that  they  would  gladly  hear  tidings  of  the  good 
things  which  could  be  wrought  at  his  hands. 

14.  Then  James  the  Deluded,  and  Robert  the  Nullifier,  and  Henry  the 
High  Priest,  and  Robert,  who  is  also  called  the  Disunionist,  did  even  as 


APPENDIX.  589 

John  had  entreated;  and  they  sought  to  beguile  the  people  with  the 
praises  of  CONVENTION. 

15.  But  when  the  men  of   Charleston  had  shut  themselves  in  their 
closets,  and  had  meditated  upon  all  which  had  come  to  pass  at  the  Feast 
of  Nullification,  and  when  they  had  seen  the  other  signs  of  the  times,  their 
souls  were  disquieted. 

16.  And  many  of  them  began  to  be  sorely  troubled,  and  they  rent  their 
garments,  and  they  mourned  in  sackcloth  and  ashes  the  evil  days  which 
were  come  upon  them. 

17-  And  they  feared  lest  the  rulers  and  the  chief  men  of  the  city  had 
conspired  together  with  James,  who  is  called  the  Deluded,  and  with  John 
the  Conjuror,  and  with  Robert  the  Nullifier,  against  William  the  Just, 
and  all  his  people,  to  deliver  them  into  the  hands  of  Nullification. 

18.  And  they  said  one  to  another,  "  Verily  the  shepherds  have  taken 
counsel  together,  to  lead  the  sheep  to  the  slaughter ;  but  our  trust  is  in 
the  Lord,  and  we  will  seek  other  shepherds  who  will  turn  away  the  wolves, 
and,  peradventure,  we  shall  find  them." 

19.  So  they  hearkened  not  unto  the  words  of  Eobert,  and  of  James,  and 
of  Henry,  for  they  knew  that  these  men  purposed  evil  in  their  hearts ; 
and  it  was  made  manifest  that   Convention  was  the  tabernacle  and  the 
abiding  place  of  Nullification. 

20.  Now,  when   James  the  Deluded  saw  that   many  of  the  men  of 
Charleston  would  not  hearken  unto  him,  he  began  to  wax  wroth,  and  he 
called  together  his  followers  ;  and  when  he  saw  that  these  were  many,  he 
hardened  his  heart  and  became  puffed  up. 

21.  And  he  commanded  the  people  who  had  murmured  against  him 
straightway  to  yield  obedience,  and  to  go  up  before  Henry  the  High 
Priest,  and  to  accept  his  sacrifice,  and  to  bow  before  him,  as  a  ruler  over 
the  city. 

22.  Then  the  hearts  of  the  people  became  kindled,  and  they  resolved  to 
do  battle  with  James,  who  is  called  the  Deluded,  and  with  all  his  follow 
ers,  and  to  drive  from  before  them  Henry  the  High  Priest  and  his  evil 
counsellors. 

23.  And  they  took  counsel  together  to  set  up  a  captain  who  should  lead 
their  array  into  battle,  and  they  pitched  upon  James,  whom  men  call  the 
Courteous. 

24.  Now  James  was  a  man  who  feared  the  Lord  and  walked  in  the  path 
of  righteousness,  and  he  found  favor  in  the  sight  of  Andrew  the  King 
over  the  realm. 

25.  And  Andrew  the  King  appointed  him  to  gather  the  revenues  of  the 
kingdom  ;  and  he  dealt  justly  by  Andrew  and  the  people. 

26.  And  the  people  also  loved  James  the  Courteous,  for  he  was  fearless 
in  well  doing ;  and  when  they  entreated  him  to  be  captain  of  their  host, 
he  meekly  besought  them  to  choose  another  captain  more  skillful  to  guide 
their  counsels. 


590  BOOK  OF  NULLIFICATION. 

27.  But  they  entreated  him  yet  more  earnestly,  and  they  showed  unto 
him  the  snares  with  which  they  were  encompassed  round  about ;   and 
they  called  aloud  upon  James  to  stand  forth  as  the  shield  and  buckler  of 
the  good  cause. 

28.  And  they  made  manifest  unto  him  the  perils  which  overshadowed 
the  realm,  and  he  saw  that  of  a  surety  the  dominions  ef  Andrew  the 
King  were  about  to  be  rent  in  twain,  and  that  Disunion  and  Civil  War 
were  not  afar  off. 

29.  So  James,  whom  men  call  the  Courteous,  arose,  and  he  buckled  on 
his  armor  and  stood  forth  as  captain  of  the  host,  and  he  led  up  to  do  bat 
tle  with  the  idolaters. 

30.  And  he  displayed  on  high  the  "  Banner  of  the  Nation,"  "  with  its 
Stripes  and  its  Stars,"  and  upon  the  banner  was  a  superscription,  em 
broidered  in  characters  of  gold,  " State  Rights  and  the  Union" 

31.  And  all  the  people  who  believed  in  the  true  faith,  and  who  loved 
Andrew  the  King,  and  who  eschewed  Nullification  and  the  evil  doers, 
gathered  together  and  marched  beneath  the  banner. 

32.  Now  when  James,  who  is  called  the  Deluded,  and  Robert  the  Nulli- 
fier  saw  that  the  followers  of  the  true  faith  had  set  up  a  captain  for  them 
selves,  and  had  stood  forth  to  do  battle  with  all  the  worshipers  of  strange 
gods, 

33.  They  bethought  them  that  Henry  the  High  Prest  had  dominion  over 
the  minds  of  the  people  by  reason  of  "  his  Grandfather"  and  by  reason  of 
the  daily  sacrifice  which  he  offered  up  unto  "  Mercury"  the  god  of  the  evil 
speakers,  and  which  the  people  received  at  his  hands. 

34.  So  they  made  Henry  the  High  Priest  the  captain  of  their  host,  and 
appointed  him  to  do  battle  with  James,  the  captain  of  the  host  of  "  Union." 

35.  And  they  uplifted  their  banner,  and  behold  the  device  thereof  was  a 
tiger,  tearing  the  limbs  of  a  youth  asunder  from  his  body,  and  a  vulture 
was  stooping  to  divide  the  prey,  and  beneath  the  whole  was  an  inscription, 
stained  with  blood  which  seemed  to  flow  from  the  body  of  the  youth. 

36.  And  they  who  stood  beneath  the  banner  could  not  read  the  inscrip 
tion,  but  to  those  a  little  removed  it  displayed  in  characters  of  English  the 
words  "  Disunion  and  Civil  War." 

CHAPTER  IX. 

1.  Now,  when  the  banners  of  the  hosts  were  uplifted,  it  came  to  pass 
that  the  trumpets  sounded,  and  the  men  of  Charleston  put  themselves  in 
array  against  each  other  beneath  the  captains  whom  they  had  chosen. 

2.  And  the  host  which  bore  aloft  the  banner  of  "  THE  UNION  "  was  led  by 
James,  who  is  called  the  Courteous,  and  Henry  the  High  Priest  was  captain 
of  the  host  of  "  DISUNION." 

3.  And  when  they  drew  near  to  each  other,  Henry  the  High  Preist 
offered  up  his  daily  sacrifice  to  the  strange  god  called  MERCURY,  and  he 
distributed  the  sheets  of  paper  amongst  all  the  multitude. 


APPENDIX.  591 

4.  And  upon  the  sheets  were  written  revilings  and  slanders  against  the 
rulers  of  the  realm,  and  against  James  the  Courteous,  and  scoffings  and 
bitter  sneers  at  all  the  host  which  followed  the  banner  of  "  THE  UNION." 

5.  And  the  followers  of  Henry  read  the  writings,  and  they  found  favor 
in  their  sight,  and  they  shouted  for  joy. 

6.  But  when  the  host  of  "  THE  UNION  "  came  near  unto  their  adversaries, 
James,  the  captain  of  the  host,  commanded  them  to  pause,  and  he  opened 
his  mouth  and  spake  unto  his  followers,  and  said : 

7.  "  Men  and  brethren  !  behold  the  idolaters  and  evil  workers  have  set  up 
a  captain  to  lead  them  up  to  battle  with  you,  and  to  slay  all  who  are  faithful 
to  Andrew  the  King,  and  who  strive  for  the  peace  and  unity  of  the  realm. 

8.  "And  lo !  they  have  uplifted  a  banner,  wrhich  is  terrible  to  the  sight, 
and  they  trust  to  smite  your  hearts  with  fear  ;  behold,  they  liken  you  and 
the  people  of  the  whole  realm  to  the  youth  from  whose  body  they  will 
tear  the  limbs. 

9.  "  And  they  are  the  ferocious  beast,  even  the  tiger,  which  shall  deliver 
you  as  a  prey  to  the  vulture  ;  and  verily  the  inscription  is  just,  for  of  a 
surety  their  banner  leadeth  to  DISUNION  AND  CIVIL  WAR. 

10.  "  Yet  fear  not,  O  men  of  Charleston  !  but  put  your  trust  in  the  Lord, 
and  he  will  deliver  your  enemies  into  your  hands  that  ye  may  smite  and 
utterly  destroy  them. 

11.  "But  be  ye  not  over  zealous,  for  behold  the  multitude  which  Henry 
the  High  Priest  hath  gathered  together  are  your  countrymen,  and,  perad- 
venture,  many  just  men  amongst  them  have  been  beguiled  by  the  snares 
of  James,  who  is  called  the  Deluded,  and  the  great  Nullifier. 

12.  "Wherefore,  before  ye  smite  them,  let  us  send  unto  them  messen 
gers,  who  shall  bear  with  them  the  olive  branch  of  peace,  and  it  may  come 
to  pass  that  we  shall  yet  live  together  in  unity  and  concord." 

13.  Then  all  the  host  of  James  the  Courteous  hearkened  unto  his  voice, 
and  they  kneeled  before  Heaven,  and  they  earnestly  prayed  that  strifes 
should  cease  between  brethren,  and  they  besought  a  blessing  on  the 
righteous  cause  ;  and  they  arose,  and  their  hearts  were  strengthened. 

14.  And  James,  who  is  called  the  Courteous,  did  even  as  he  had  said,  and 
he  sent  up  messengers  unto  the  host  of  Henry  the  High  Priest ;  and  when 
the  messengers  were  brought  before  Henry,  and  before  all  the  leaders  and 
captains  of  his  host,  they  opened  their  mouths  and  said : 

15.  "  0  men  of  Charleston  !  ye  are  our  brethren  ;  verily,  we  have  eaten 
and  drunk  together  in  the  days  past,  and  we  have  loved  one  another ; 
wherefore,  let  us  not  spill  each  other's  blood  in  the  strife  of  battle,  but 
rather  let  us  mingle  together  in  peace. 

16.  "  Behold,  we  may  yet  appease  the  enmity  between  us.    Let  us  put 
off  armor,  and  let  us  gather  together  all  the  elders,  and  counsellors,  and 
wise  men,  and  people  of  the  city,  and  let  them  take  counsel  together,  and 
let  them  declare  which  is  the  more  worthy  to  rule  over  us,  thy  captain  or 
our  captain. 


592  BOOK  OF  NULLIFICATION. 

17.  "  And  if  the  greater  number  of  the  elders,  and  of  the  counsellors,  and 
of  the  wise  men,  and  of  all  the  people,  shall  say  that  Henry  the  High 
Priest  is  more  worthy  than  James,  then  let  Henry  be  made  the  ruler  over 
us,  and  we  will  bow  before  him. 

18.  "  But  if  the  greater  number  shall  declare  in  favor  of  James,  our 
captain,  then  shall  ye  overturn  your  banner  and  forsake  your  strange 
gods  and  render  obedience  unto  James  and  to  the  statutes  of  the  realm." 

19.  And  when  the  messengers  had  thus  spoken,  it  came  to  pass  that 
Henry  the  High  Priest,  and  the  leaders,  and  captains,  and  officers  of  his 
host,  took  counsel  together  to  devise  what  answer  they  should  make  unto 
the  messengers  of  the  host  of  "  THE  UNION:" 

20.  And  James,  who  is  called  the  Deluded,  looked  forth  upon  the  multi 
tude  which  was  gathered  beneath  the  banner  of  "  DISUNION,"  and  when 
he  saw  their  numbers  his  heart  was  filled  with  pride,  and  he  said  unto 
the  captains  and  leaders  who  stood  around  him : 

21.  "Behold  !  our  enemies  have  delivered  themselves  into  our  hands ;  see 
ye  not  that  our  host  greatly  exceedest  in  number  the  host  which  hath  come 
up  against  us — lo  !  their  array  is  scattered  and  their  battalions  are  but  few. 

22.  "  Wherefore  let  us  straightway  render  answer  unto  the  messengers 
of  James,  our  adversary,  and  say  that  their  words  are  acceptable  to  our 
ears,  and  have  found  favor,  and  that  we  have  agreed  to  that  which  they 
have  set  forth." 

23.  So  Henry,  the  captain  of  the  host  of  Disunion,  did  even  as  James, 
the  Deluded,  had  counselled,  and  the  messengers  returned  to  James,  the 
Courteous,  who  had  sent  them ;  and  all  the  multitude  of  the  one  host 
and  of  the  other,  put  off  their  armor  and  made  themselves  ready  for 
the  day  of  gathering. 

24.  And  in  the  ninth  month  of  the  second  year  of  the  reign  of  Andrew, 
the  King,  and  on  the  sixth  day  of  the  month,  the  elders  and  the  counsel" 
lors  and  the  wise  men  and  all  the  people  of  the  city,  were  commanded 
to  gather  together  to  judge  between  Henry  and  James,  even  as  it  had 
been  agreed  between  them. 

25.  And  the  day  whereon  they  were  commanded  to  assemble,  is  called 
the  day  of  election. 

26.  Now,  when  the  day  of  election  was  near  at  hand,  James,  who  is 
called  the  Deluded,  sent  forth  spies  over  all  the  city  privily  to  hear  all 
that  wras  said  amongst  the  people,  and  to  bring  to  them  tidings  of  all 
those  in  whose  sight  Henry,  the  High  Priest,  had  found  favor. 

27.  And  when  the  spies  had  brought  their  tidings,  the  chief  leaders -in 
the  host  of  Henry,  the  High  Priest,  sent  forth  men  with  shekels  of  gold 
and  shekels  of  silver,  to  wager  the  same,  that  Henry  would  be  made 
ruler  over  the  city. 

28.  And  a  certain  man  of  small  stature  put  forth  five  thousand  shekles 
of  silver ;  and  many  weak:  men  were  led  over  to  become  followers  of  the 
host  which  was  made  to  seem  the  stronger. 


APPENDIX.  593 

29.  And  they  also  caused  the  young  and  the  unthinking  to  be  gathered 
together  at  the  feast  throughout  the  city,  and  when  they  became  heated 
with  drinking,  they  kindled  their  hearts  against  James,  the  Courteous, 

30.  Now  Henry,  the  High  Priest,  was  himself  not  slack  in  his  own  be 
half — for  day  by  day  he  offered  unto  the  people  hundreds  and  thousands 
of  the  sheets  which  had  been  sacrificed  at  his  altar ;  and  the  sheets  were 
filled    writh    praises  to  himself,  and  with    slanders    against    James  the 
Courteous. 

31.  And  James  was  reviled  as  a  Publican  and  a  Sinner,  and  his  follow 
ers  were  called  Tories  and  Yankees,  and  they  were  said  to  be  in  league 
with  the  enemies  of  the  South. 

32.  And  John,  the  Conjuror,  sent  to  the  aid  of  Henry,  the  High  Priest, 
a  certain  devil  called  Asmodeus,  who  went  about  the  city  taking  off  the 
coverings  of  the  dwellings,  and  exposing  the  inmates  thereof. 

33.  But  when  Asmodeus  saw  that  James,  who  is  called  the  Deluded, 
was  the  chief  counsellor  of  Henry,  the  High  Priest,  he  returned  unto 
John,  the  Conjuror,  saying  that  Henry,  the  High  Priest,  had  no  occasion 
for  him. 

34.  And  it  came  to  pass  that  the  followers  of  James,  surnamed  the 
Courteous,  began  to  be  sorely  troubled  when  they  saw  all  that  James,  the 
.Deluded,  had  done,  and  when  they  heard  the  boastings  and  the  clamor  of 
their  adversaries. 

35.  So  they  assembled  together  at  a   place  called  Seyle's,  and  they 
pitched  upon  certain  men  who  should  guide  their  counsels,  and  called 
aloud  upon  their  countrymen  to  stand  forth  on  the  day  of  election  as  the 
shield  and  buckler  of  union  and  peace. 

36.  And  when  they  had  taken  counsel  together  and  had  seen  the  mul 
titude  of  just  men  who  had  assembled  with  them,  their  hearts  were 
strengthened,  and  they  went  forth  confiding  in  the  might  of  the  Lord. 

37.  Now  when  the  day  of  election  was  come  it  came  to  pass  that  the 
elders,  and  the  counsellors,  and  the  wise  men,  and  all  the  people  of  the 
city,  were  gathered  together,  and  it  was  commanded  that  each  man 
should  put  into  certain  boxes  of  wood  the  name  of  him  who  desired  to 
rule  over  the  city. 

38.  And  certain  of  the  elders  had  charge  of  the  boxes,  and  were  com 
manded  to  open  them,  and  to  number  the  names  which  were  placed 
within  ;  and  they  all  did  even  as  they  were  commanded. 

39.  Now  James,  the  Deluded,  trusted  in  the  spies  whom  he  had  sent 
forth,  and  in  all  the  arts  which  he  had  used,  and  he  boasted  aloud  that 
victory  certainly  belonged  to  Henry  the  High  Priest. 

40.  And  he  commanded  the  great  feast  to  be  prepared  and  made  ready 
the  cornets,  the  flutes,  the  harps,  the  sackbuts,  the  psalteries,  and  all 
kinds  of  music. 

41.  And  when  all  the  names  which  were  in  the  boxes  should  be  counted 
he  commanded  that  a  note  of  triumph  should  be  sounded,  and  that  all 

38 


594  BOOK  OF  NULLIFICA TION. 

\ 

his  followers  should  march  to  the  sound  of  the  music  to  the  dwelling  of 
Henry,  the  High  Priest,  to  partake  of  the  feast. 

42.  Now  so  great  was  the  multitude  of  names  which  had  been  put  in 
the  boxes  of  wood,  that  it  was  the  twelfth  hour  of  the  night  before  the 
whole  were  numbered;  and  when  the  elders  had  finished,  behold  the 
numbers  of  James,  the  Courteous,  was  greater  than  those  of  Henry,  the 
High  Priest, 

43.  So  the  elders  declared  that  James,  whom  the  men  called  the  Cour- 
te-ousl  was  chosen  ruler  of  the  city ;  and  the  people  of  the  host  of  the 
Union  gave  thanksgiving  to  the  Lord  and  returned  every  man  to  his  own 
home. 

44.  But  when  James,  the  Deluded,  heard  what  had  come  to  pass,  he 
went  out  and  lifted  up  his  voice  and  AVEPT  ALOUD. 

CHAPTER  X. 

1.  Now  on  the  morrow,  after  the  day  of  election,  it  came  to  pass,  that 
the  elders  conducted  James,  who  is  called  the  Courteous,  to  the  great  hall 
of  the  city,  and  they  arrayed  him  in  the  robes  of  office,  and  all  the  people 
shouted  for  the  good  cause  of  "State  llights  and  Union." 

2.  But  when  James,  surnamed  the  Deluded,  and  Robert,  the  Nullifier, 
and  Henry,  the  High  Priest,  opened  their  eyes  upon  the    discomfiture 
which  they  had  received,  they  shed  tears  of  bitterness,  and  they  rent 
their  garments. 

3.  And  they  swore  vengeance  against  James  the  Courteous,  and  against 
all  who  had  followed  his  banner,  and  they  refused  to  overturn  their  own 
banner,  or  to  fulfil  the  treaty  which  had  been  made  between  the  hosts  of 
"Union"  and  of  "Disunion." 

4.  Then  they  took  secret  counsel  together  how  they  should  overcome 
the  followers  of  "State  Eights  and  the  Union  ";  and  they  remembered  the 
words  of  John  the  Conjuror,  wherein  he  besought  them  to  sound  praises 
in  the  name  of  Convention. 

5.  So  they  strove,  with  one  accord,  to  beguile  the  people  to  put  their 
trust  in  Convention,  so  that  they  might  be  enabled  to  bring  forth  Nullifi 
cation  again,  to  slay,  utterly,  all  those  who  had  set  their  faces  against 
them. 

6.  And  they  wrestled  earnestly  to  enkindle  the  hearts  of  all  their  fol 
lowers  against  the  men  of  "  the  Union  "  ;  and  they  sent  forth  multitudes 
into  the  streets  of  the  city  in  the  night  time  to  strike  terror  into  the 
breasts  of  the  peaceful. 

7.  And  they  went  forth  into  the  highways  uttering  threats  and  revil- 
ings  against  all  their  adversaries;  but  the  men  of  "the  Union"  pitied 
them  and  held  their  peace. 

8.  Then  the  heart  of  James  sunk  within  him,  and  he  feared  lest  the 
people  should*  refuse  to  make  him  chief  governor  over  the  province,  and 
he  began  to  see  the  error  of  his  ways,  but  he  repented  not. 


APPENDIX.  595 

9.  For  he  was  filled  with  pride,  and  when  he  looked  upon  his  followers, 
and  saw  they  were  yet  many,  he  hardened  his  heart  and  resolved  again 
to  lift  up  the  banner  on  which  is  written  the  inscription,  "Disunion  and 
Civil  War." 

10.  And  he  commanded  to  be  made  ready  a  great  supper,  and  he  sent 
forth  messengers  to  call  thereunto  Henry  the  High  Priest,  and  Robert 
the  Nullifier,  and  to  "rally  "  all  the  multitude  which  had  gathered  be 
neath  the  banner  of  Disunion. 

31.  And  there  was  a  certain  man  named  KEATING,  who  dwelt  in  the 
city,  and  he  was  a  just  man  and  walked  uprightly. 

12.  And  Keating  was  old  and  stricken  in  years,  and  his  eyes  were  dim, 
so  that  he  could  not  see  with  clearness ;  and  he  mistook  his  path  and 
went  with  the  followers  of  James,  the  Deluded,  to  the  great  supper. 

13.  And  when  James  the  Deluded,  and  Robert  the  Nullifier,  and  Henry 
the  High  Priest,  and  Keating,  and  all  the  multitude  were  gathered  together, 
they  set  themselves  down,  and  as  many  as  could  find  meat  did  eat  thereof. 

14.  Then  James,  who  is  called  the  Deluded,  arose  and  said:  "Verily,  O, 
friends, '  we  will  yield  to  no  party  whatsoever ;  in  the  love  which  we  bear 
towards  the  ordinances  and  the  union  of  the  realm. 

15.  "And  'we  pity  the  delusion'  which  hath  blinded  the  eyes  of   our 
enemies,  to  call  Robert  the  Nullifier,  and  Robert  the  Disunionist,  and 
ourselves,  other  than  true  disciples  of  Thomas,  surnamed  Jefferson. 

16.  "  And,  verily,  we  mourn  that  '  the  efforts '  of  our  adversaries  have 
opened  the  eyes  of  men,  and  have  brought  down  upon  us  an  awful  dis 
comfiture  at  the  hands  of  '  miraculous  converts.' 

17.  "  Moreover,  we  mourn  that  it  hath  been  discovered  that  we  cannot 
well  be  called  the  friend  of  Andrew  the  King,  since  we  oppose  the  sta 
tutes  which  he  hath  sworn  to  maintain  ;  and  that  these  our  adversaries 
are,  truly,  the  friends  of  Andrew. 

18.  "And,  verily,  we  fear  lest  the  glory  hath  departed  from  our  house, 
and  lest  all  the  truths  which  have  come  to  light,  will  despoil  us,  your 
rulers,  of  our  power :  Wherefore,  let  us  now  turn  to  the  inhabitants  of 
the  hill  country,  and  to  all  without  the  city,  and  let  us  kindle  their  rage 
against  our  adversaries. 

19.  "And  we  will  send  unto  the  'Parishes  and    to  the  interior,'  and 
gently  give  them  tidings  of  our  overthrow,  and  we  will  ascribe  our  dis 
comfiture  to  any  cause  but  the  true  one. 

20.  "  And  the  men  of  the  '  interior '  will  stand  by  us,  and  they  will 
make  me  Governor  of  the  realm,  and  I  will  then  revenge  you  on  your 
enemies." 

21.  Then  some  of  the  multitude  shouted,  and  gave  assent  to  that  which 
had  been  spoken ;  and  James  wrote  the  letters,  and  sent  them  even  as  he 
proposed. 

22.  But  when  he  sat  down  at  the  supper,  and  looked  around,  carefully, 
and  saw  that  many  who  were  present  were  boys  and  beardless  youths, 


596  .        BOOK  OF  NULLIFICATION. 

and  when  he  perceived  the  faces  of  many  of  his  ancient  friends,  his  spirit 
sank  within  him,  and  ho  became  sorrowful. 

23.  And  his  followers  feared  that  their  hour  had  come,  and  they  took 
no  pleasure  in  the  supper ;  so  they  returned  to  their  homes,  disconsolate 
and  unhappy. 

24.  And  the  supper  was  named  the  Supper  of  Disappointment. 

25.  Now  in  those  days  there  came  tidings  that  there  was  a  famine  in  an 
island  beyond  the  great  waters,  called  Ireland. 

26.  And  many  of  the  men  of  Ireland  dwelt  in  the  city,  and  the  people 
had  respect  unto  them,  and  for  their  sakes  desired  to  send  succor  to 
their  countrymen,  and  the  rulers  of  the  city  commanded  to  be  assembled 
the  elders,  and  the  wise  men,  and  all  the  people,  to  take  counsel  to 
gether. 

27.  And  when  James,  who  is  called  the  Deluded,  heard  all  these  things, 
he  shook  off  his  sorrows,  and  bethought  him  that  the  hour  was  come- 
wherein  he  might  surely  draw  to  his  banner  all  the  men  of  Ireland  who 
dwelt  in  the  city. 

28.  So  he  sent  for  Henry  the  High  Priest,  and  certain  others  of  his  fol 
lowers,  and  entreated  them  speedily  to  come  up  and  make  a  stir  in  be 
half  of  the  land  of  Ireland,  before  the  rulers,  and  the  elders,  and  the 
wise  men,  could  gather  the  people  together. 

29.  And  Henry  and  his  followers  did  even  as  James  the  Deluded  had 
entreated,  but  the  men  of  Ireland  saw  into  the  hearts  of  Henry  and  of 
James,  and  they  knew  that  they  sought  to  beguile  them,  and  they  turned 
aside  and  were  greatly  wroth. 

30.  But  James  the  Deluded  was  nothing  abashed ;  so  he  stood  forth 
again  at  the  assembly  of  the  rulers,  and  the  elders,  and  the  wise  men, 
and  the  people  of  the  city. 

31.  And  he  strove  to  seem  learned,  and  he  spoke  unto  the  men  of  Ire 
land,  of  the  length  and  breadth  of  their  country,  and  of  the  fertileness 
of  the  soil,  and  of  many  other  things  which  are  written  in  the  book 
which  is  called  Bees'  Cyclopaedia. 

32.  And  he  gave  praises  to  the  men  of  Ireland,  and  said  he  was  their 
kinsman,  and  he  spoke  of  his  Grandmother,  and  how  that  she  had  come 
from  the  same  land  with  themselves,  but  the  praises  of  James  the  De 
luded  were  to  the  men  of  Ireland  as  burning    sulphur  beneath  their 
nostrils. 

33.  And  it  came  to  pass  that  Robert,  whose  name  is  called  the  Disunion- 
ist,  was  in  the  midst  of  the  assembly,  and  he  bethought  him  that  it  would 
be  well  to  speak  to  all  the  people  the  praises  which  John  the  Conjuror  had 
sounded  to  Convention. 

34.  So  he  uplifted  his  voice ;  and  when  he  had  spoken  the  word,  and 
the  people  saw  that  he  was  the  Disunionist,  they  refused  to  hearken  unto 
him  and  they  thurst  him  under  their  feet,  and  with  one  accord  they  de 
parted,  every  man  to  his  own  home. 


APPENDIX.  597 

35.  And  about  the  same  time  there  also  came  tidings  of  a  great  revolu 
tion  in  the  kingdom  called  France  ;  and  the  men  of  France  who  dwelt  in 
the  city  assembled  together  to  make  rejoicings. 

36.  And  James,  the  Deluded,was  also  in  the  midst  of  them  seeking  to  draw 
followers  after  him ;  and  he  said  unto  the  men  of  France  that  he  was  their 
kinsman,  for  he  had  another  "Grandmother"  who  had  come  of  their  nation. 

37.  But  the  men  of  France  were  wise,  and  they  saw  through  the  arts  of 
James,  the  Deluded,  and  they  passed  him  by  in  silence,  and  they  joined 
themselves  to  the  host  of  "State  Rights  and  the  Union" 

38.  So  James,  who  is  called  the  Deluded,  was  discomforted  on  every 
side  and  his  soul  was  disheartened,  and  he  now  saw  the  error  of  his  ways, 
but  he  would  not  yet  repent. 

39.  Now  when  the  letters  which  had  been  sent  forth  by  James  the  De 
luded,  at  the  "Supper  of  Disappointment,"  had  reached  Columbia,  it 
came   to  pass  that  all  his  friends  who  dwelt  in  that  city  were  greatly 
enraged  against  the  men  of  Charleston. 

40.  And  they  called  the  men  of  Charleston  "  Kecreants  and  Yankees, 
and  Men  of  Clay,"  and  they  gathered  together  all  the  followers  of  John 
the  Conjuror,  and  of  James  the  Deluded,  and  of  Robert  the  Nullifier,  at 
the  city  called  Columbia. 

41.  And  they  took  counsel  together  what  they  should  do,  to  save  James 
the  Deluded  and  Robert  the  Nullifier,  and  their  followers,  who  dwelt  in 
Charleston,  from  utter  discomfiture. 

42.  And  they  sounded  forth  praises  to  Convention,  even  as  John  the 
Conjuror  had  counselled,  and  they  set  it  up  as  a  "  Sovereign  Remedy"  for 
all  the  evils  under  which  they  said  the  people  groaned. 

43.  And  they  cried   aloud   against   the   tariff    and  against   the   other 
statutes  of  the  realm,  and  they  "  put  off  their  allegiance  "  to  Andrew  the 
King,  and  they  denounced  the  men  of  Charleston  and  all  the  adversaries 
of  Convention. 

44.  And  they  summoned  up  a  great  army  from  all  the  country  round 
about,  and  a  great  multitude  came  up,  even  two  thousand  men. 

45.  And  in  the  midst  of  the  friends  of  James  the  Deluded,  and  of  John 
the  Conjuror,  and  of  Robert  the  Nullifier,  stood  a  certain  man  named 
Thomas  ;  and  he  was  the  wise  man  to  whose  care  was  entrusted  the  youth 
of  the  realm,  and  he  was  at  the  head  of  what  is  called  "The  College" 

46.  Now  Thomas,  from  his  youth  upwards,  had  been  a  lover  of  discord 
and  a  fomenter  of  strife,  and  his  heart  took  delight  in  scoffings  and 
slanders,  and  some  called  him  "Tliersites." 

47.  And  dissensions  and  controversies  were  his  study  by  day  and  revi- 
lings  and  back-biting  were  his  meditation  by  night ;  and  he  smiled  at  the 
ruin  which  evil  passions  brought  down. 

48.  And  he  openly  set  at  naught  the  statutes  of  the  realm,  and  he  taught 
that  what  men  call  "The  Union"  was  but  an  "unequal  bargain"  to  the  peo 
ple  of  the  South,  and  that  the  hour  was  come  "to  calculate  its  value" 


598  BOOK  OF  NULLIFICATION. 

49.  And  he  poisoned  the  minds  of  the  youth  throughout  all  the  realm, 
and  he  insinuated  doubts  even  as  to  the  commandments  of  the  Most 
High,  and  he  instilled  into  their  hearts  hatred  and  rancour  towards  "the 
Union  of  the  States." 

50.  Now  the  same  Thomas  sounded  praises  to   Convention,    and  he 
counselled  the  people  to  rejoice  in  it ;  for  that  it  was  powerful  to  save 
them  from  the  evils  whereof  James,  the  Deluded,  and  Robert,  the  Nulli- 
fier,  and  Langdon  and  all  their  followers  had  complained. 

51.  And  he  said  by  the  might  of  a  Convention  they  could  suspend  the 
ordinance  which  is  called  habeas  corpus,  and  then  they  should  have  power 
over  all  the  men  of  the  Union  to  cast  them  in  prison  and  to  slay  them 
utterly. 

52.  And  Thomas  said  many  other  things  to  beguile  the  people  to  their 
own  destruction,  and  many  good  men  believed  that  he  proved  himself  a 
viper  to  the  land  which  warmed  him. 

53.  But  the  multitude  hearkened  to  his  voice,  for  he  was  held  up  as 
"an  apostle"  by  James,  the  Deluded,  and  by  John,  the  Conjuror,  and  by 
all  their  counsellors  and  friends. 

54.  Then  a  certain  ruler  called  James,  who  was  a  Chancellor  of  the 
realm,  and  a  leader  in  the  host  of  James  the  Deluded,  arose,  and  being  a 
careless  man,  he  forgot  the  counsel  of  John  the  Conjuror,  wherein  he 
entreated  that  none  of  his  followers  should  yet  say  aught  of  Nullification. 

55.  And  he  opened  his  mouth,  and  gave  honor  to  the  name  of  Conven 
tion,  and  he  spake  these  words  and  said,  "Convention  for  any  purpose  but 
Nullification  is  unmeaning  fallacy" 

56.  So  it  was  made  manifest  to  all  the  people  that  James  the  Deluded, 
and  Henry  the  High  Priest,  and  Eobert  the  Nullifier,  and  all  their  fol 
lowers,  still  worshiped  in  secret  the  graven  image  Nullification,  and  that 
for  its  sake  they  set  their  hearts  on  Convention. 

57.  Then  a  certain  elder  and  Judge  of  the  Province,  wrhose  name  was 
called  John,  and  who  was  a  follower  of  the  truth,  arose  before  all  the 
multitude  and  said : 

58.  "  Men  and  Brethren !  verily,  ye  have  this  day  heard  praises  to  the 
name  of  Convention,  but  since  James  the  Chancellor  hath  set  forth  its 
object,  ye  cannot  remain  in  doubt  what  ye  shall  do. 

59.  "  Behold !  if  ye  be  persuaded  to  Convention,  now,  ye  will  bring  down 
civil  strife  and  disunion,  for  how  can  ye  set  at  naught  the  statutes  which 
Andrew  the  King  hath  sworn  to  maintain,  and  yet  expect  to  escape  his 
vengeance? 

60.  "  Is  Andrew  the  King  one  who  quails  at  danger,  or  think  ye  that  he 
will  shrink  from  that  which  he  hath  sworn  to  execute?    Verily,  no. 

61.  "Wherefore,  Men  and  Brethren!  be  not  deceived;   ye  are  on  the 
verge  of  a  precipice — your  ark  of  safety  is  in  peril,  ye  are  rushing  on  to 
civil  strife  with  brethren,  and  if  ye  turn  out,  ye  will  quench  the  flame  of 
freedom  in  the  blood  of  your  countrymen. 


APPENDIX.  699 

62.  "Awake,  then,  and  open  your  eyes  to  the  light ;  behold  you  may  see 
before  you  the  dark  valley  of  '  Disunion  and  Anarchy ; '  on  this  side  you 
have  '  time  for  argument ; '  beyond  all  must  be  action  or  dishonorable 
submission. 

63.  "  Now,  therefore,  I  say  unto  you,  depart  hence  and  give  no  counte 
nance  to  the  evil  doers,  and  strive  not  by  your  numbers  to  intimidate  the 
men  of  Charleston  ;  for  they  are  strong  in  the  faith,  arid  will  eschew 
Convention,  for  they  have  seen  it  leadeth  to  Nullification  and  Disunion" 

64.  And  while  John  was  yet  speaking,  the  multitude  departed  as  he  had 
counselled ;  but  the  devoted  followers  of  James  remained  in  waiting  to 
give  encouragement  to  their  leaders. 

65.  And  in  that  same  day  Convention  became  Nullified,  and  all  the  wor 
shipers  of  Nullification  mourned  in  sackcloth  and  ashes. 

66.  Now  these  are  the  chapters  of  the  BOOK  OF  NULLIFICATION  ;  and  the 
scribe  who  hath  written  them  is  an  humble  follower  of  the  TRUTH,  and 
his  name  is  not  great,  for  it  is  not  found  in  the  book,  and  he  shall  be 
translated  hence  to  a  far  country,  and  no  man  who  loveth  the  truth  shall 
seek  to  find  him  out. 


INDEX. 


Adger,  Robert 384 

Abrahams,  M 99 

Abney 210 

Adger,  James 38,  46 

Adams,  John  Q 34 

Adams,  Governor 235 

Anderson,  J.  W 319 

Alston,  Governor 231 

Arthur,  Henry 225 

Arnold,  A.  B 119 

Allen,  T 319 

Alex,  Master  J.E 13 

Barn  well,  R.  W 209,  289,  301 

Bailey,  Attorney-General 135 

Baker,  Boiling 320 

Ball,  J.  C 320 

Baker,  Alfred 307 

Bell,  William 95 

Bennett,  Thomas,  Gov 15,  18,  28,  37,  95 

Benjamin,  J.  P 32 

Bank  of  South  Carolina 131,158,232 

Bartow,  F.  S 302 

Belin,  A.  H 119 

Bee,  W.  C 384 

Bellinger,  John 227 

Bennett,  W.  J 110,  111,  114 

Boyce,  W.  W 301 

Boyce,  Ker 119 

Bocock,  Thomas  S 359 

Brown,  John 238 

Blain,  W.  S 102 

Brooks,  W 302 

Billups,  J 114 

Brisbane,  John  W 101 

Brewster,  C.  R 103 

Barrillon,  J.  N 93 

Bryan,  George  S 30,  103 

Bryan,  Mayor 401 

Blue  Ridge  Railroad 38, 183,  229,  515 

Brown,  Archibald 99 

Blair,  General 80 

Burt,  A 135 

Bible  Oration 532 

Butler,  Governor 121 

Butler, 'Judge 156 


TAGE. 

Brush,  G 105 

Bank  United  States  . 119 

Buist,  George 103 

Buist,  Henry 404 

Buist,  G.  L. 404 

Bar,  Proceedings  of 404 

Barker,  Theodore 404 

Bacot,  J.  M 404 

Calhoun,  John  C 36 

Capers,  William 222 

Capers,  L.  G 38 

Carlisle,  Earl  of 156 

Carroll,  Charles 38,45 

Carroll,  B 99 

Campbell,  James  H 203 

Cassin,  C 102 

California,  Admitted 193 

Cantwell,  P •  •  • 104 

Chilton,  W.  P 302 

Cheves,  Langdon 34,  226,  229,  404 

Chapman,  S 101 

Chestnut,  James 289,  301,  302 

Clitherall,  A.  B 320 

Classmates 22 

Clay,  Henry 284,  34, 193,  230 

Clayton,  A.  M 302 

Clayton,  Philip 319,  325 

College  Days 21 

Cobb,  Howell 302,308 

Cobb,  Thomas  R.  R 302 

Constitution,C.  S.  A 303 

Commissioner  to  Virginia.      ......  242 

Cohen,  P.  S 103 

Cohen,  A.  D 404 

Convention,  Secession 226 

Cooper,  Mark  A 26 

Clark,  William 101 

Course,  Isaac 98 

Condy,  T.  D 98 

Coffin,  J.  S 102 

Colburn,  J.  S 99 

Co-operation,  Address 204 

Conrad,  CM 302 

Congress,  Provisional,  C.  S.  A 301 

Crawford,  J.  A 319 


602 


INDEX. 


Cross,  G.  W 38,  45,  96 

Cruger,  Lewis 319 

Crutchfield,  O.  M 246 

Dawson,  N.  H.  R 112 

Davis,  Jefferson  .  .   .  193,  306,  309,  361,  364,  368 

Davie,  F.  W 119, 126 

Deas,  Captain 312 

Delegates  to  Secession  Convention.  .  .  .     287 

De  La  Motta,  Dr 100 

Declaration,  Cause  Secession 295 

Desassure,  H.  W 35,  87 

Deaf  and  Dumb  Asylum 104 

Dickson,  Samuel  H.,  Dr 37,  38,  46 

Drayton,  William 35,  45,  94 

Doggett,  Samuel  W 102 

Dred  Scott 227 

Duncan,  P.  E 289 

Dunkin,  B.  F ;   .  156,  289 

Duryea,  E.  S 38, 102 

Earthquake 392 

Elmore,  Edward  C 320 

Elmore,  F.  H 160 

Elmore,  B.  T 119 

Elfe,  A 38 

Edmonson,  Ch 119 

Edwards,  J.  D 119 

Essays  and  Orations 491 

Erlanger  Baron 357 

Edwards,  George 96 

Evans,  Judge 156 

Evans,  Cogswell  &  Co 317 

Exell,  J.  F, 320 

Etiwan  Phosphate  Company 384 


Faber,   H.  F 

Faber,  J.  W 

Fire  Loan .  .   . 

Financial  system  C.  S.  A. 


.  .   .  105 

....  105 

....  128 

....  340 

Financial  depression  1857 235 

Follin,  A 38 

Free  Soil  Party 234 

Freedmen's  Bureau 372 

Flat  Rock,  N.  C 371 

Frost,  Edward 225 

Gaillard,  Theodore 38, 100 

Gist,  Governor 238,  280,  285 

Gilchrist,  R.  B 37 

Giles,  William  B 34 

Govan,  M.  F 320 

Godard,  Rene 38,  46,  95 

Groves,  Rev.  John  S 23 

Grimke,  M Ill 

Grimke,  T.  S 46,  96 

Greeley,  H 31* 


FAGE. 

Green,  T.  T 320 

Gregg,  Maxey 226,  289 

Guerry,  R 103 

Harlee,  W.  W 225 

Hayne,  R.  Y 34 

Hampton,  Wade 209 

Hammond,  0 38 

Harlston,  N 97,  98 

Haig,  J 101 

Harper,  Chancellor 156 

Hamilton,  James 43 

Hanckle,  T.  M 13 

Holiday,  J 104 

Horlbeck,  D 104 

Hoar,  Samuel 188 

Hoyer  &  Ludwig 317,  376 

Hughes,  E.  W 404 

Huger,  Daniel  E 38,  41,  63,  91 

Hunter,  R.  M.  T 193 

Hunt,  B.  F 35,67,96,136 

Hunt,  Randall 38,  101 

Hutson,  W.  H 289 

Inglis,  John  A 289 

Isley,  F 98 

Irby,  J.  H 119,  159 

Irving,  Miss  Agnes 13 

Inauguration  President  Davis 308 

Jackson,  Andrew 45,  48 

Jamison,  D.  F 289 

Jamison,  V.  D.  V 119 

Jervey,  Wm 382 

Jervey,  Thos.  H 98 

Jervey,  James 32 

Jervey,  W.  St.  J 404 

Jenkins,  J.  E 289 

Jeter,  John  S 119 

Jewish  Synagogue 175 

Johnson,  Andrew 373,  380 

Johnston,  General  J.  E 305,  348 

Johnson,  Judge 98 

Johnston,  Chancellor 156 

Jones,  T.  L •   • 104 

Jones,  Ch.  T.  . 319,  325 

Kane,  D 38,  46,  98 

Keitt,  L.  M 209,  301,  309 

King,  M 96 

Kennerworth,  H 319 

Kemnit,  J 103 

Kneply,  S 104 

Kumhardt,  William 38 

Lamar,  G  B 316 

Laborde,  M 119 


INDEX. 


PAGE. 

Lance,  William 98 

Ladson,  J.  H 98 

Laneau,  B '  •       93 

Lee,  General  R.  E 371,  377 

Lee,  Paul  S 79 

Lee,  Thomas 46,  67,  95 

Leigh  Benjtimin  W 108 

Law  Student.     29 

Letcher,  John 244,279 

Legare,  John  B 38 

Legare,  HnghS 51,3^,135 

Legare.  Sol.  M 38 

Legislature,  18:56 117 

Lee,  GeorsteW 313 

Le  Signeur,  l>r 96 

Livingston.  R.  Y 101 

Loundes,  Chnrles 38 

Lpundes,  James." 96 

Lotindes,  Thomas 95 

Loundes,  William 49 

Lowndes,  Edward 10?, 

Manning,  R.  J 38,   85 

Marshall.  Henry 302 

Marsh,  James 38,   95 

Magwood,  S 27,   96 

Martin,  W.  E 207 

Manly,  Rev.  B 307,  308 

Magrath,  A.  G .112,113,407 

Melton,  Samuel 138 

McGuffey,  Professor 157 

McDonald,  H 103 

McDuffie,  Governor 518 

McDonald,  A 100 

McCrady,  Edward 29,  38,  229,  409 

McCrady,  Edward,  Jr 404,  409 

Mills,  Otis 119 

Miles,  W.  P 301 

Miles,  Charles  R 400 

Mitchell 48 

Middleton,  Henry 91 

Moultrie,  Thomas  D 99 

Moorman 210 

Morton,  Jackson 302 

Motte,  A 105 

Michel,  Dr.  W.  M 402 

Mordecai,  Thomas  D 99 

Morris,  Edward 101 

Montague,  R.  L 246 

Moise,  A 38,77 

Murden 102 

Newton,  William 38, 104 

Nullification  Convention 108 

Nullification,  Book  of 569 

Naturalization  Proceedings  .  .  .  32 


PACK. 

Ott,  John 319,  337 

Ottolengue,  A 177 

Orphan  Asylum 12 

Orr,  James  L 289 

O'Neal,  Judge 35,92 

Owens,  J.  B 302 

Perry,  Ben  F 119,210,226 

Patterson,  L.  J 119 

Patton,  William 38 

Petigru,  James  L 35,60,95,119,186 

Pepoon,  B.  F 100 

Pemberton,  G.  O 104 

Pell  rs.  Ball  case 179 

Powell,  John 810 

Porcher,  F.  A 119 

Poyas,  J.  L 104 

Porter,  Rev.  T 397 

Porcher,  Dr.  F.  Y 38,  48,  98 

Pope,  Joseph  D 156, 183, 303 

Powe,  Thomas  E 119 

Porcher,  Philip 38 

Philips,  John 76 

Pickens,  Governor  F.  W 225 

Pinckney,  C.  C.,  Jr 384 

Pinckney,  C.  C 42 

Pinckney,  Thomas 42 

Pinckney,  H.  L 34,  107 

Pringle,  James  R 39, 95, 107 

Pringle,  Robert 38, 105 

Pringle,  W,  B 100 

Prioleau,  'Dr.  P.  G 95 

Poinsett,  Joel  R 35, 106 

Printup,  Daniel 307 

Presley,  Ben  C 411 

Pratt,  Dr.  N.  A 384 

Provisional  Congress,  C.  S.  A 301 

Ravenell,  Henry 38 

Radford,  J.  P 103 

Randolph.  E.  . 319 

Read,  Dr.  William 39 

Reed,  J.  H 37,38,46,76 

Regulations  Treasury  Department.  ...     331 

Returns  to  Private  Life 380 

Rhett,  R.  B 126.  228,  289,  301 

Richmond  made  Capital  C.  S.  A 330 

Roberts,  Preston  H 307 

Roland,  F.  G 102 

Rouse,  J.  W 102 

Robertson,  J.  W 320 

Robinson,  William 100 

Rooney,  Paul 102 

Rutledge,'Ben.  H 289 

Rutledge,  J.  H 38,100 

Reports,  Secretary  Treasury 418 


604 


INDEX. 


PAGE. 

Sass,*  Jacob     38,  95 

Seward,  William  H 315 

Secession  of  South  Carolina 281 

Secretary,  Treasury 301 

Scott,  Died 237 

Simonton,  C.  H 399 

Simons,  James 320,  407 

Shorter,  John  G 302 

Schools,  Public 110,  114 

Simms,  W.  G 70,  98 

Symmes,  F.  W 119 

Scott,  R.  K 381 

Stephens,  Alexander  H 302,306 

Steadman,  C.  J 37,  98 

Starr,  E.  P 38,  46 

Speer,  Alexander 89 

Strohecker,  J.  L 38,  46,  101 

Stevens,  J.  P 319 

Slidell,  John 359 

Seabrook,  E.  M 37 

Smith,  J.  H 38,  100 

Soule,  P 193 

Strobart,  J.  A.1 119, 

Stoney,  John 38,  46 

Seabrook,  Governor 194 

Taylor,  Thomas 320 

Taylor,  Thomas  II 27 

Taylor,  W.  H.  S 320 

Tew,  H.  S 103 

Thorp,  J  B 10. 


PAGE. 

Thomas,  F 93 

Thompson,  H.  H 126 

Thompson,  J.  B 101 

Tennent,  Thos 104 

Toomer,  N.  L 103 

Toombs,  R 302 

Thayer,  S.  C 320,  337 

Trescott,  H 101 

Trapman,  M 97 

Trenholm,  Geo.  A 369 

Tucker,  S 94 

Tupper,  T 101 

United  States  Bank 119 

Union  States  Rights  Party ".  6.5 


Van  Buren,  M 


31 


Wagner,  Dr.  John  ..........  38,  46,  99 

Wardlaw,  D.  L  ...........  118,  156,  164 

Wardlaw.  F.  H  ..............     289 

W7aring,  M  ................       93 

Waring,  Dr.  H.  S  .............     100 

Wilson,  John  ..............       91 

Williams,  Thos  ............       89 

Willington,  A.  S.  0  .t  ..........  37,  99 

Withers,  Thos.  J  .............     301 

Wilson,  John  ..............       91 

Wright,  H  ................      307 

Wood,  R.  C  ................      307 

White,  Joel  ....  ...........     310 

Young,  H.  E  ...............     410 


LOAN  DEPT 


U)2lA-20m-3,'73 
(Q8677slO)476-A-31 


LD  2lA-50m-S,  61 
(Cl795slO)476B 


YC  50593 


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